Tuesday, October 25, 2016

TRICKY DICK AND HIS IRRESPONSIBLE RESPONSE - PART 7 - THE BOARD OF GUARANTORS

Posted by Tim
Continued from Part 6



Let's do Points 2 and 3 first:

2. Tricky Dick wants us to believe that because the Statute of the Neocatechumenal Way requires "norms for the formation and incardination of diocesan clerics" as prescribed in Canon Law, that RMS actually adheres to those norms. Ummm, well that was the whole point of a Visitation Committee: to find out whether or not RMS was actually doing what the Statute required. We already know that NCW members violate their own Statute without thought every time they celebrate their liturgy. So why should we believe that RMS would be any different? It isn't. And the Visitation Committee proved it. 


3. Tricky Dick says: "the fact that the formators are from the Neocatechumenal Way does not affect at all the diocesan character of the Institution since it is a long-standing tradition of the Church to use for the formation of priests those charisms and experiences most suited for it. "

The last part is really funny. Tricky Dick wants us to believe that priests from an organization like the Neocatechumenal Way, which is openly dedicated to the destruction of parish life and the traditional diocesan priesthood for a future of "small communities" and personal presbyters, is "most suited" for the formation of priests for parish life and the traditional diocesan priesthood. LOL. You can't make this stuff up, folks. You just can't!

Now let's take an in depth look at Point 1.

The Visitation Committee Report found what we have known all along, that "Decision making on all levels, from the daily administration to the most important matters of governance, is controlled by the leadership of the Neocatechumenal Way. "

1. However, Tricky Dick says: The seminary is "controlled only by the Ordinary," because the Ordinary is "the sole Member and sole authority of the seminary.

Apuron could have erected a seminary without also incorporating it. In fact, RMS has existed since 1999, three years before it was incorporated. In fact, the so-called John Paul II seminary is NOT incorporated. So why incorporate one seminary but not the other? Answer: specifically to give control to the Neocatechumenal Way. 

Because RMS is not just a seminary but also a Guam corporation, it is subject to Guam law which recognizes the Board of Directors (NOT the Sole Member) as a corporation's governing authority:
18 GCA § 28801 (b) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed by or under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation or in an agreement authorized under § 28719. 
As the Sole Member or the Incorporator, the Ordinary does NOT have direct authority over the "business and affairs of the corporation," but only the authority to appoint and remove members of the board and dissolve the corporation. 

As a member of the board itself, the Ordinary has a vote, but only one vote, as legal counsel Ed Terlaje warned in 2011 when Apuron first attempted to convey title to the property over to RMS:


Full document here

In addition, the RMS By-Laws give micro-management authority to a quietly inserted second board, the Board of Guarantors.

Full document here

I said "quietly inserted" because Guam Law does not recognize the governing authority of any board other than the Board of Directors. The Neocats were able to insert this board by claiming that it only exists to guarantee the "purposes" of the corporation. However, the Neocats then sneak in the underlined sentence, which essentially gives it COMPLETE control over every decision of the corporation since "most important affairs" is not defined. 

In fact, in the RMS By Laws, we see that the Board of Guarantors reserves to itself the authority to micro-manage almost every expenditure:


Full document here

After we uncovered the secretly recorded Declaration of Deed Restriction and published it on January 6, 2015, the Neocats hurriedly modified their Articles to make it look like the Ordinary had more control. Here is the version recorded on January 29, 2015:


Full document here

Notice how the 2015 version adds "except to the extent of the Sole Member's rights." This is a ruse. Guam law only recognizes the Sole Member's rights to remove and appoint members of the board of directors and authority to dissolve the corporation. The "Sole Member" has NO authority over the Board of Guarantors. And had we not uncovered their plot, the first version of the articles, not recognizing the so-called "rights" of the sole member would have remained in place. 

And the bottom line is this: The RMS By-Laws INSIST in Art. VII.2. that:


The Neocat team is Arch-neocat catechist Giuseppe Gennarini, his wife, Claudia Gennarini, and the neocat presbyter, Angelo Poschetti. And while the Ordinary is also a member of this board, he only has one of four votes.

This is what give ULTIMATE control of RMS to the Neocats. They can insist all day long that they do not own "temporal" goods, but they control corporations which do. And in this case, they control a mega-million dollar property which once belonged to the faithful of the Archdiocese of Agana. 

And it appears Hon is willing to let it stay that way as we are now down to 27 days before the statute of limitations expires and the property is lost forever. 

To be continued

3 comments:

  1. This is all probably too much for Hon's simple brain to handle. Besides, he has nothing vested in Guam, therefore he has nothing to lose.

    ReplyDelete
    Replies
    1. He has everything to lose...in Rome that is. He MUST protect Filoni - Kiko's pope.

      Delete
  2. The NCW breaks its "own statutes" left right and centre. Who has "completed the Way" after 10 years? (We don't get told their distorted teachings on prayer in that time.)

    If you want to negotiate your attendance at a sensible level, say two Wednesdays out of three and no Saturdays or Sundays, you get more or less mobbed.

    A complete fraud from inside out, in canon law, faith and morals. Many genuine members brought the faith they already had, into the "communities" and sometimes as a member you can get what you need out of the many Scripture study opportunities. These factors are their "cover". The habitual over-deference to authority in the wider Catholic Church unfortunately lets them get away with it far too often.

    Even as some of us were glad to explore Scriptures, our priests (who hadn't even been to an RMS, so those who have are going to be worse) were antagonising, hurting, injuring and damaging their fellow clergy and other parishioners.

    Itinerants targeted our priests because their personality was a bit manic (which bishops interpret as enthusiasm). That is known to have also happened to "families in mission" or candidates to study in RMSs - though there are certainly exceptions. All because itinerants don't believe sufficiently in the Holy Spirit to get their "discernment" right - which also affects members' progression through "stages", whether Kiko is getting his doctrines right or wrong, whether the Way should be governed in a healthy or unhealthy fashion - it's all too fatalistic and there is no genuine feedback opportunity, only a box-ticking opportunity.

    If a "community" member is manic they don't help him steady up by putting him in better touch with other parish resources. They say only the "Way" will help him. I've seen this isn't so, time and again. What I have seen I have seen. It will stay with me.

    It's essential to maintain a polite and welcoming atmosphere to members of the Way, in the wider parish and diocese because then members are less likely to feel trapped in the embrace of the itinerants (as happened to us). Non-members with legitimate complaints can, if expressing scorn for members as individuals, inadvertently turn the cynical cry of "persecution" into a self-fulfilling prophecy (a built-in pincer movement - "opponents" of the Way as its de facto stooges).

    ReplyDelete

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