CHULA VISTA – A legal opinion for Southwestern College states that a trustee dating a high-level administrator could create a public image problem but one that could be “negated to some degree” if the trustee recused herself from voting on issues affecting the administrator.

The trustee, Yolanda Salcido, hasn't.

The entire governing board has long known that Salcido and director of business services John Wilson are dating, board President David Agosto recently said, but no one has specifically asked her to recuse herself.

Salcido and Wilson's relationship has generated a legal claim from former college vice president Debra Fitzsimons. She alleges that she was driven to resign last year by Salcido after raising concerns about the relationship with Wilson. Fitzsimons is now a vice chancellor at the University of Hawaii's Hilo campus.

Southwestern College  developments Legal opinion: Southwestern College's governing board voted to release a legal opinion stating that while trustee Yolanda Salcido can date business director John Wilson, perceptions of favoritism could be dispelled if she recuses herself from votes affecting him. The San Diego Union-Tribune was denied the opinion by college attorneys last year. Possible lawsuit: The college's former vice president of administrative affairs filed a claim, generally the precursor to a lawsuit, against the college saying that Salcido drove her to resign after she raised conflict-of-interest issues and questioned the college's business practices.

Salcido said: “It would be inappropriate for me to comment on anything that is pending. I welcome the opportunity to go ahead and set the record straight in its due time, not through the media.”

Wilson did not return a phone call or an e-mail.

Bob Fellmeth, executive director of the Center for Public Interest Law at the University of San Diego School of Law, said that if he were on the board, he would ask Salcido to recuse herself. He doesn't fault the board for its inaction because dating doesn't constitute a clear-cut conflict.

“The easy bright line,” after which Salcido's votes could clearly benefit her financially, “has not been passed,” Fellmeth said.

Salcido has continued to vote on raises for Wilson and on the extensive building projects he oversees. Next week, the board is scheduled to consider putting a property tax increase on South County's November ballot to fund $389 million in college construction projects based on work led by Wilson.

The legal opinion has been kept under wraps for four years by the college's attorneys, who denied The San Diego Union-Tribune's request for a copy last year. A founding partner of the firm that denied the request also is treasurer for a political action committee that made more than $23,000 in independent expenditures on Salcido's behalf for her 2006 re-election.

The board voted last month to release the opinion. Trustees David Agosto, Jorge Dominguez and Jean Roesch voted in favor of releasing the opinion, with trustee Terri Valladolid opposed. Salcido abstained.

The legal opinion states that the relationship does not violate conflict-of-interest laws so long as Salcido and Wilson do not share expenses or living arrangements.

Salcido drives a car of which Wilson is the registered owner, but they have separate residences.

“In this instance, it (perception of conflict of interest) could be negated to some degree by the board member abstaining on issues that relate to the director,” the legal opinion states.

In June, Fitzsimons filed her claim, generally the precursor to a lawsuit, that does not specifically name Salcido or Wilson but refers to a trustee and the director of business services.

The board unanimously rejected the claim last month.

Fitzsimons states in the claim that Wilson disclosed to her that he was “having an affair” with a trustee. Fitzsimons said she told Wilson that the trustee should recuse herself from votes that posed a conflict of interest and that Wilson should not discuss business matters with Salcido.

Fitzsimons alleges in the claim that at one meeting, Salcido pointed at her and said, “I'll have you taken care of.”

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Chris Moran: (619) 498-6637; chris.moran@uniontrib.com