San Jose City Council approves special election to fill Omar Torres' seat

The San Jose City Council took action Tuesday to fill a seat left vacant by the departure of disgraced District 3 Councilman Omar Torres.

However, their action came after heated debate and public comment.

"You'll do what you're told, you work for me," a man shouted at Mayor Matt Mahan during public comment.

"Cut off his mic," the mayor shot back.

The verbal sparring came as councilmembers worked through opposing views on the path forward.

"We need someone in that seat now," said Alex Stettinski, president of the Downtown San Jose Association.

A District 3 resident added, "I know this is a difficult decision and I know it's more difficult because you care. And while you didn't create this problem, it's your problem to solve."

Torres is in custody at the Santa Clara County Main Jail. He resigned two weeks ago and was then arrested and charged with raping a relative when the victim was 13. Since then, the council has grappled with how to fill his seat.

"One option is a special election. That takes about eight or nine months. The other option is an appointment for the remainder of the term," said Mahan.

He supports a special election in a district that includes Downtown, Japantown, the Hensley District, and others. However, it would take six to eight months to hold a special election and cost an estimated $3.3 million.

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The police chief and San Jose Mayor Matt Mahan held a press conference Wednesday afternoon, detailing the allegations and next steps for Torres' city council seat.

"Do voters actually want to return to the ballot? Right after a divisive and extremely expensive national presidential election," said Dr. Corey Cook, a political scientist at St. Mary's College.

Many District 3 residents said they want their collective voices heard through a special election.

"There's a lot of different things going on that need to be addressed," said a resident named Dina, who requested her last name not be withheld.

Resident Irene Smith, who ran against Torres and lost two years ago, plans to run again and does not want an appointment.

"If any district deserved an election, it would be (District 3) right now, at this moment. We've been through a lot," said Smith. "We want somebody who has the interest of the people. That put their interests first. Who's willing to work relentlessly and implement the will of the people."

After about 90 minutes of debate, District 9 Councilmember Pam Foley proposed a motion for a special election with an interim appointment beforehand, which passed 8-2.

Councilmembers Cohen and Jimenez opposed the motion, citing the cost and other potential uses for the $3.3 million instead of a special election.

The council will return on Dec. 3 to work out the details of its plan.

Jesse Gary is a reporter based in the station's South Bay bureau. Follow him on the Instagram platform, @jessegontv and on Facebook, @JesseKTVU.