Ex-vice chancellor takes the stand in Ron Galatolo case

“This is a case about greed,” Deputy District Attorney Joseph Cannon, who declined to be interviewed about the ongoing trial, said during opening arguments. “This is a case about dishonesty. This is a case about corruption.

The DA’s Office is alleging Galatolo directed district construction projects to companies from whom he received valuable gifts during his 18-year tenure as San Mateo County Community College District chancellor, an accusation his attorney Chuck Smith has roundly denied. 

Nuñez previously pleaded no contest to two felony counts of using the community college district’s resources for political purposes by unlawfully using college money for a bond measure campaign, and is testifying in exchange for a lesser sentence.

During his two-day testimony, Nuñez said Galatolo was personal friends with principals of several development firms, including Karim Allana of Allana, Buick & Bers and Richard Henry of McCarthy Building Companies, among others, according to District Attorney Steve Wagstaffe. 

Those relationships included financial benefits including tickets to sporting events and concerts and wine tastings complete with limousine rides, activities in which Nuñez also occasionally partook, Wagstaffe said. 

Those relationships were mutually beneficial friendships and reciprocal gifts are not reportable items, Smith argued post-testimony, reiterating a point he made during opening arguments. 

“These guys were not just business associates, they were friends. For every gift that Ron got, Ron reciprocated with other gifts, yet the DA thinks this kind of relationship equals a financial interest in a contract,” he said. 

Cannon said in opening arguments, however, it was those relationships that eventually assisted Allana, Buick & Bers and McCarthy Building Companies in receiving major development contracts for the 2013 Cañada solar project and 2016 Cañada Building 23, respectively. 

It was a point he seemed to be impressing upon jurors during a line of questioning on the treatment those developers received during the contract selection process, asking at one point if the gift-giving from Allana, Buick & Bers continued as the company received annual contracts to do forensic development work on a separate building from 2017 to 2019. 

“During this entire period, these gifts are continuing to come in from ABB?” Cannon said. 

“Yes,” Nuñez responded. 

A major element of Nuñez’s testimony, however, revolved around Building 23 and the solar project, both of which have now been completed. 

In the bidding process for ​​Cañada College Building 23, developer McCarthy Building Companies — whose principal, Richard Henry, was a friend of Galatolo’s — was given the opportunity to revise their best and final offer to $36.9 million, contrary to district rules, Nuñez testified. Other bidders were not given a revision opportunity, he said. 

On the solar project, Allana, Buick & Bers — whose principal, Karim Allana, was a friend of Galatolo — were offered similar revision opportunities, Wagstaffe said Nuñez testified. Communications also occurred between district representatives like Nuñez and Galatolo and the principals of these firms during the “blackout period” after requests for proposals were issued, Nuñez testified, also contrary to district rules. 

Smith argued post-testimony that both the blackout communications and the revision opportunities were potentially improper, but not a criminal charge under California law. 

Also at issue within the case is whether Galatolo pressured or ordered the selection committee — that ultimately decided which developer would receive the contracts — into selecting his preferred candidate, and if this pressure is the reason why committee members changed their scores to ultimately award contracts to those preferred candidates. 

Nuñez testified he relayed Galatolo’s “preference” to the committee, and did not reference it as an order. When asked by Cannon if Galatolo told him the contract on Building 23 needed to go to McCarthy, he reiterated a refrain that was common throughout his testimony. 

“I do not recall,” he said. 

It was natural for Galatolo, as the leader of the district, to have an opinion on which developers could correctly execute his major, and successful, redevelopment plans on all three community college campuses, Smith said. 

“If someone felt that was an order or they were compelled to do that, that’s on them, not on Jose Nuñez and not on Ron Galatolo,” he said. 

The trial against Galatolo will continue Nov. 26 before pausing for Thanksgiving. It will then continue until Dec. 10, at which point it will pause for a holiday break.