Michael San Nicolas

Biography

San Nicolas, born on January 30, 1981, is the eldest son of Miguel (Mike) Borja San Nicolas and Evangeline (Eva) Quitugua San Nicolas of Talofofo, Guam, both long-time educators at the Guam Department of Education. His younger siblings are Rick San Nicolas and Faith San Nicolas. His paternal grandparents are Enrique Santos San Nicolas (1904–1971), who served in the Guam Congress, and Francesca Flores Borja San Nicolas (1917–2013) of Talofofo and maternal grandparents are former Speaker of the Guam Legislature Franklin Joseph Arceo Quitugua (1933-2015) and Julia Siguenza Quitugua (1933–2013) of Chalan Pago, Guam. He is also the great grandson of Ignacio Perez Quitugua (1909-1973), who served in the 1st to 9th Guam Legislatures.

San Nicolas attended Father Dueñas Memorial School, John F. Kennedy High School, and Southern High School. San Nicolas met his future wife, Kathryn Santos Ko, while he attended John F. Kennedy High School. In 1998, San Nicolas was on the Southern High School Mock Trial team which took second place in the annual Mock Trial National Championship held in Albuquerque, New Mexico. San Nicolas graduated from Southern High School in 1998.

On November 23, 1998, youth speaker San Nicolas introduced President Bill Clinton, who addressed a large crowd of assembled Guamanians.

After graduating from Southern High School, San Nicolas studied history at the University of Guam. While attending the University, he served as Speaker of the 22nd Guam Youth Congress from 1998 to 2000 and elected by his peers as President of the Student Government Association in 2002-2003. He received a Bachelor of Arts degree from the University of Guam in 2004.

In 2006, San Nicolas completed the management training program at the Bank of Guam, where he later worked as an investment advisor and rose to Assistant Vice President.

He and wife Kathryn Santos Ko, whom he married in 2005, have two children: Kaleb Michael San Nicolas and Katelyn Rose (Keke) San Nicolas. In 2009, San Nicolas wrote a book dedicated to his son, Kaleb, titled A Father's Hand, Lessons for Life from Father to Son.

Entry into public life

In 2012, San Nicolas ran for island-wide office as senator in the Guam Legislature under the slogan "Let's Build a Responsible Guam." A newcomer to politics, San Nicolas received more votes than three incumbent senators, finishing number eight, in the Democratic Party Primary with 6,570 votes. San Nicolas's campaign gained momentum between the primary and the general elections, where he placed number five island-wide with 16,625 votes.

San Nicolas was sworn into office as senator on January 7, 2013, with his wife, Kathryn, his mother and father, his grandmother Julia Quitugua and his grandfather former Speaker Franklin J.A. Quitugua in attendance. As Chairman of the Committee on Aviation, Ground Transportation, Regulatory Concerns and Future Generations, San Nicolas has oversight over the Antonio B. Won Pat International Airport Authority, Guam Regional Transit Authority, Department of Public Works Bus Operations, the Department of Revenue and Taxation and the Department of Youth Affairs.

Accomplishments in the 32nd Guam Legislature

After placing number 5 in the island-wide election, San Nicolas was chosen by his colleagues in the 32nd Guam Legislature to lead the Committee on Aviation, Ground Transportation, Regulatory Concerns and Future Generations. His committee has held a number of oversight hearings for the Department of Revenue and Taxation, including such issues as long lines experienced by taxpayers at the Department and tax collections. San Nicolas' committee also has jurisdiction over the Department of Public Works' bus operations, for which it held an oversight hearing in July 2013 to discuss procurement issues and plans for bus operations for the next school year.

As of July 15, 2014, San Nicolas has introduced or co-sponsored forty-four bills and has maintained a strong oversight of the Department of Revenue and Taxation, which has shown considerable progress in collections and customer service under his oversight.

Responsible government

San Nicolas has introduced a number of bills and pursued a number of issues that are intended to make government more responsible. Included among these is the first bill that San Nicolas introduced, which required that boards and commissions each have a training program for new board or commission members, so that they are aware of relevant laws and regulations pertaining to the operation of their board or commission. This bill has become law and is Public Law 32-31, the Responsible Boards and Commissions Education Act.

San Nicolas has also introduced legislation to reduce the statute of limitations for the collection of the Real Property Tax, the creation of a Responsible Reserve Fund, to establish Operational Continuity Plans for the government of Guam, and to provide funding for merchant services to allow online payments to the government of Guam.

In July 2013, San Nicolas wrote the Attorney General of Guam, Leonardo Rapadas, inquiring whether the implementation of back payments of merit bonuses were implemented properly, because employees of the Department of Education were allowed only three years of merit bonuses, whereas other employees were paid through 1991, when the merit bonus provision was adopted.

January 2014, San Nicolas introduced a measure to tie government executives' and most elected officials' compensation to performance measures. The bill was passed by the Guam Legislature on February 1, 2014, but the bill was vetoed by Governor Eddie Calvo.

In May 2014, San Nicolas introduced a resolution to request that Congresswoman Madeleine Z. Bordallo introduce legislation to the United States Congress to allow government of Guam employees to be covered under Social Security. The resolution is aimed at addressing a long-standing issue with employees of the government of Guam who are members of the Defined Contribution Retirement Plan, which provides inadequate savings from the default contribution to provide adequately for members' retirement. In June, the resolution passed with the unanimous support of the Guam Legislature.

Responsible economic initiatives

San Nicolas has introduced several bills that aim to encourage responsible economic activity. Among these is San Nicolas' introduction of the "Guam Intrastate Securities Exchange Act" in September 2013, which would have mandated the creation of an Intrastate Securities Exchange Program within the Guam Economic Development Authority. The bill would have taken advantage of the intrastate offering exemption in the Securities Act of 1933 to establish a local exchange program, where local investors can buy stocks, bonds and other securities issued by local businesses. After passage of the bill by the Guam Legislature, the measure was vetoed by Governor Eddie Calvo.

In October 2013, San Nicolas introduced a bill to bring the local mortgage origination market into compliance with federal regulations by adopting regulations under the Guam Secure and Fair Enforcement of Mortgage Licensing Act of 2010. After unanimous passage of the Guam Legislature, the measure was signed into law on November 15, 2013.

In January 2014, San Nicolas introduced a measure to strengthen the enforcement of Guam's Unsafe Structures Law. The bill would provide stronger incentives for owners of unsafe commercial and industrial buildings to repair or demolish such buildings. It was passed by the Guam Legislature on May 9, 2014 and signed into law on May 21, 2014.

In May 2014, San Nicolas introduced a bill to provide a permanent funding source for the Hagatna Restoration and Redevelopment Authority, which will help to revitalize the economy of Guam's capital city and create jobs.

Helping people in need

San Nicolas has introduced a number of bills to responsibly help Guamanians who are in most need. For example, in October 2013, San Nicolas introduced a bill allowing employees of the government of Guam to apply payroll deductions to registered nonprofits. The measure was signed into law as Public Law 32-118 on February 10, 2014.

In March 2014, San Nicolas introduced a bill to allow foster children to be included in the government of Guam's group health insurance, expanding their treatment options. On October 3, the bill was passed by the Guam Legislature.

Additionally, in April 2014, San Nicolas introduced a bill to appropriate funds to allow programs for drug and alcohol treatment services and an emergency youth shelter for homeless, runaway, and abused youth, to continue throughout the fiscal year. The bill was passed unanimously and, after Governor Calvo threatened to veto the legislation, it lapsed into law on April 29, 2014.

In July 2014, San Nicolas introduced a measure to require that Guam's Regional Transit Authority establish an emergency public transportation protocol so that the people of Guam will have access to storm shelters in the event of natural disasters.

In June 2014, San Nicolas introduced a bill to extend the filing deadline for real property tax exemptions, which would lock in the property tax valuations for senior citizens who file prior to the deadline. In October, the bill was passed by the Guam Legislature.

2014 Reelection

On June 27, 2014, San Nicolas filed for candidacy with the Guam Election Commission for a second term as a Democratic senator in the Guam Legislature. About his candidacy to serve in the 33rd Guam Legislature, San Nicolas has said, "I hope I have made the people proud in my first term as senator. There is much more work to be done to build a Responsible Guam, and I hope the people give me another opportunity to continue serving them."

In his bid for re-election, San Nicolas placed number 5, with 5,974 votes or 68.7% of the Democratic primary vote. San Nicolas won re-election with more votes in 2014 than his 5th-place run in 2012.

Accomplishments in the 33rd Guam Legislature

After placing number 10 in the island-wide election, San Nicolas was chosen by his colleagues in the 33rd Guam Legislature to lead the Committee on Finance & Taxation, General Government Operations, and Youth Development.

Fiscally responsible agenda

In the 33rd Guam Legislature, Senator San Nicolas has pursued a fiscally responsible agenda, fighting to repeal pay raises for elected officials, adopt a policy to mirror the 27th Amendment to the Constitution for gubernatorial, lieutenant gubernatorial and senatorial compensation, and delayed the confirmation of the Director of Administration pending improved deposits to Guam's Income Tax Refund Efficient Payment Trust Fund.

Senator San Nicolas introduced Resolution No. 2-33 (LS) on January 5, 2015, requesting that Congresswoman Madeleine Z. Bordallo introduce a bill that any law varying the compensation of the Governor, Lieutenant Governor, and/or Senators in the Guam Legislature only take effect after a General Election has intervened. The resolution was passed in an overwhelming 12-2 vote.

In February, Senator San Nicolas introduced Bill No. 36-33 (COR) to ensure that build-up related revenue would be used for non-recurring expense items, rather than funding general government operations.

In March, Senator San Nicolas, who chairs the Committee on Finance and Taxation, which has oversight over the Department of Administration (DOA), delayed the confirmation of Former Senator Tony Blaz as Director of Administration since deposits in the Income Tax Refund Efficient Payment Trust Fund have fallen below the amount required by law. About this, Senator San Nicolas said, "Going forward, in order for tax refunds to always be paid on time year after year, we need to ensure that DOA is depositing the required amount."

In April, Senator San Nicolas met with various professionals in the Social Security Administration and the Staff Director of Rep. Xavier Becerra (D-CA) Ranking Member of the Subcommittee on Social Security to secure a path to providing Social Security benefits to government of Guam workers.

In April Senator Rodriguez introduced Bill 80-33 (COR), which would have refunded two of Guam's General Obligation Bonds with Business Privilege Tax Bonds and addressed other unrelated matters. According to the legal counsel, the bill violated Public Law 30-2 and the Standing Rules of the Guam Legislature, for containing more than one subject matter. No public hearing was held on the matter. In June, after no action was taken to correct the violation of the law and rules, Senator San Nicolas introduced Bill 130-33 (COR), which addressed only the refunding matter. Speaker Won Pat called a session on July 29 to consider the refunding matter. After the bill was reverted to include unrelated appropriations, Senator San Nicolas withdrew his bill. His bill was reintroduced two days later, was substituted on the floor with an unrelated appropriation and passed the Guam Legislature, with Senator San Nicolas voting against the measure.

Retirement Reform

In January 2015, Vice Speaker Benjamin J.F. Cruz introduced Bill 2-33 (LS), which would establish a new Hybrid Retirement System. Senator San Nicolas favored the establishment of a retirement plan that would mirror the contribution rates of social security and provide for a transition to Social Security for government of Guam employees if that option becomes available. In February 2016, Vice Speaker Cruz and Senator San Nicolas announced a compromise retirement bill that provides for a Hybrid Retirement Plan and a cash balance retirement plan. The compromise bill passed with a unanimous vote in support in May 2016. Governor Eddie Calvo vetoed the bill on May 17, 2016. On September 14, the Guam Legislature overrode the Governor's veto.

Attempted Repeal of the Pay Raises for Elected and Appointed Officials

In November 2014, shortly after reelection, acting Governor Ray Tenorio called a special session of the Guam Legislature to consider Bill 1 (8-S). The Guam Legislature passed the measure with 10 yeas and 1 nay. Senator San Nicolas was marked as an excused absence by the Clerk of the Legislature. On December 9, 2014, Senator San Nicolas introduced a bill to repeal the pay raises. The Bill was defeated by a vote of 9 to 2 on the same day. Later in December, Senator San Nicolas donated his retroactive pay increase to a local charity, Sanctuary, Inc. Since that point, Senator San Nicolas has continued to donate his salary increase to charity.

In the 33rd Guam Legislature, Senator San Nicolas introduced his first bill of the session to repeal the pay raises, require that the public hearing on pay raises may not be waived for the compensation of elected officials, and that the effective date of any future pay raises shall be after a General Election has intervened. Although the bill was enacted into law on February 25, 2015, the provision repealing the pay raises had been removed.

In October, Senator San Nicolas introduced a new measure to repeal the pay raises for elected and appointed officials. The measure failed by one vote in November 2015. In January 2016, the Guam Legislature reconsidered the measure and it passed 9 to 5. Governor Calvo vetoed the measure on February 4, 2016. A veto override was attempted 12 days later, but received only 9 of the 10 votes necessary.

2016 Primary and General Election

In the 2016 Guam Democratic Primary Election, Senator San Nicolas tied for first with 9,381 votes, or 68% of the ballots cast.