The establishment of the Board of Guarantors by this non-for-profit corporation calls into question as to how the Board of Guarantors are to be elected or removed from such position once he/she becomes a member of said board, as the bylaws do not address the election or removal procedures of such Board of Guarantors and neither does Guam law.Junglewatch
This is false. The Board of Guarantors was established in the Bylaws of RMS, and it was through the Bylaws that the Responsible Team for the United States was appointed. According to Article VII, Section 2 of the Bylaws (the bold is mine):
The members will be the same as the Pastoral Council as foreseen in the canonical statutes of the Seminary, presided furthermore by the Archbishop. In particular, the Neocatechumenal Responsible Team for the United States is part of this board.The members of the Board of Guarantors were appointed through the signing of the Bylaws by the Archbishop. The Archbishop's signature is the only one in the Bylaws. By signing the Bylaws, the Archbishop has officially appointed the Responsible Team for the U.S. to be members of the Board of Guarantors. And in the Articles of Incorporation, the only members in the Board of Guarantors is the Archbishop and the Responsible Team for the United States.
The Bronze opinion stated that the Bylaws do not address any removal procedures for the Responsible Team for the U.S. and therefore cannot be removed. According to the Bronze opinion:
Since Guam law does not recognize a Board of Guarantors* and in the absence of any provisions for the removal or election of such board in the articles or by-laws of RMHF, the Archbishop, despite being the sole member of the not-for-profit, cannot remove the members of the Board of Guarantors unless the Archbishop files for an application for the dissolution of RMHF.This opinion is incorrect. Provisions were made in the Bylaws in which the Archbishop can remove the members of the Board of Guarantors. According to Article VIII, Section 2 (the bold is mine):
The Bylaws of the Corporation may be altered, amended, restated or repealed by, and only by, action of the Members of the Corporation.The members of the Board of Guarantors were appointed in and through the Bylaws of the Corporation, which was set, established, approved, and signed by the Archbishop, who is the ONLY MEMBER in the Corporation. These same Bylaws gave him the authority to alter, amend, restate or repeal the Bylaws. The Archbishop does not need to file for an application for the dissolution of RMHF as the Bronze opinion stated. As the sole member of the corporation, the Archbishop has the authority to alter or amend the Bylaws. It was through the Bylaws that the Responsible Team for the U.S. was given their membership in the Board of Guarantors, and it can be through an amendment of the Bylaws that they can be removed.