Ruling Dashes Moreno’s Plan to Run Again

In a devastating blow to Santa Ana City Councilman Ted Moreno’s political aspirations, the city attorney ruled Friday that Moreno cannot circumvent term limits by resigning before the end of his second term to seek reelection.

Citing case law that calls the concept “absurd,” City Atty. Joseph Fletcher said that to let an official resign to avoid term limits “would render the concept meaningless by allowing a person to effectively serve an indefinite number of consecutive terms,” according to a confidential memo circulated to council members and the city clerk Friday and obtained by The Times.

Last month, Moreno, under federal indictment on corruption charges, announced his intention to quit his post so he could run for a third council term in November. A city ordinance limits council members to two full consecutive terms.

Saying that Moreno’s move violates the intent of the law if not the letter, Fletcher recommended that the city clerk not issue nominating papers to Moreno.

In a phone interview from his home, Moreno said Friday that Fletcher’s memo “is only his opinion. My intention is still to run.”

He said he will seek legal advice before making a decision whether to challenge Fletcher’s decision in court.

Moreno began raising funds for the campaign earlier this year but would not say Friday how much he has so far. He raised close to $65,000 for his failed mayoral bid in 1998 and later used the bulk of the money--more than $60,000--to pay for his legal defense.

He is scheduled to go on trial July 25 on federal charges that he and three others conspired to extort money from two local businessmen to fund political campaigns in Santa Ana’s 1996 election. Two of the defendants have pleaded guilty.

Most recently, former council candidate Hector Olivares pleaded guilty Monday to two counts of mail fraud in connection with the alleged scheme.

Another defendant, Roman Palacios, pleaded guilty early in the case and is expected to testify against the others.

Despite his legal and political woes, Moreno has remained defiant, insisting he is the victim of persecution.

“They don’t want me around for another term, and they should be exposed for what they are,” he said of his colleagues.

Fletcher said he was under no pressure from council members to arrive at his legal conclusion.

Councilman Brett Franklin would not comment Friday. Other members of the council could not be reached for comment.