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

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