Power of the Commissioner in Sports

[VF21]

This answers some of our questions.

The Legal Concept of Professional Sports Leagues: The Commissioner...

From Marquette Sports Law Review

 

[VF21]

It says, in part:

The Commissioner represents the internal disciplinary system of the league. The Commissioner's disciplinary power is conferred through the "best interest" clauses of the respective league regulations. At his sole discretion, the Commissioner has broad power to investigate any conduct or activity deemed "not in the best interest" of the sport. The Commissioner may also impose sanctions upon finding any owner, player, or other persons involved in the sport guilty of such conduct. In fact, the Commissioner is vested with investigative, prosecutorial, and adjudicative powers. Thus, the clause is a powerful tool which "can be used to justify nearly any action taken by the Commissioner."

 

[bajaden]

It says, in part:

Read the whole dammed thing. I was amazed at how much power the commissioner has. Basicly the best interests clause is open ended and left to the discretion of the commissioner. I was surprised to see that the commissioner could in fact overrule the sale of a team even if approved by the BOG, if he thought it wasn't in the best interest of the league. Very interesting article! Thanks much!

 

[fansinceday1]

Does it help our cause that Stern is on his way out?
Kinda like a president filing all his questionable pardons during his last hours in office.

 

[HndsmCelt]

It is abundantly clear that Stern is preparing to use any and all of the means at his disposal to remove the Maloofs Wed at the latest, perhaps tomorrow. The legal article was a good read and cited. Still not sure what will happen if the NBA actually tries to take a team away from an owner, but I am sure that several sold steps will be take before they have to go nuclear on the BM. But I very sure the team will not be allowed to move and the BM and Hansen will not be owners EVER. There may well be some seriously historic events before it's all said and done.

 

[Section 101]

It is abundantly clear that Stern is preparing to use any and all of the means at his disposal to remove the Maloofs Wed at the latest, perhaps tomorrow. The legal article was a good read and cited. Still not sure what will happen if the NBA actually tries to take a team away from an owner, but I am sure that several sold steps will be take before they have to go nuclear on the BM. But I very sure the team will not be allowed to move and the BM and Hansen will not be owners EVER. There may well be some seriously historic events before it's all said and done.

Well if there was ever a case to set a precedent I think this is a good one!

 

[HndsmCelt]

Well if there was ever a case to set a precedent I think this is a good one!

Absolutely. The BM and Hansen/Balmer are no longer an annoyance they are challenging the entire authority of Stern and the NBA. Makes me think of that scene in Network "You have meddled with the primal forces of nature, and You Will Atone!"

 

[Siranthony]

Over at Sonics Rising they have an article laying out possible antitrust litigation. I really think the Maloofs are going to be very sorry at some point soon. I don't think anyone will take pleasure in it but the hammer is going to come down.

 

[King Baller]

I can't believe what is going on here. Here is a simplified paraphrased conversation as I understand it:

Stern and the NBA BOG's - "Maloofs we want you to sell to the Sacto Group for the same amount as your original so called "binding" deal with B & H."

B & H - "No we are going to pay 100 millions dollars more now so it does not matter what you say."

Maloof's - "Yeah! We want to get as much money as possible so it does not matter what you say, Stern and the NBA BOG's."

Maloof's - "And if we don't get our way we will just keep the Kings and continue to run them into the ground by selling 20% to H/B. Then we will get what we want, it will just take a little longer."


What??? Do Hansen, Ballmer and the Maloofs just float any plan they want out to the media, then expect Stern and the BOG to just do what they want???

Unbelievable,
KB

 

[VF21]

Does it help our cause that Stern is on his way out?
Kinda like a president filing all his questionable pardons during his last hours in office.

I don't think it hurts, but I don't think this situation is like a "questionable pardon." Stern doesn't want a stain at the end of his reign to ruin his legacy. He's making sure this turns out the right way.

 

[VF21]

Over at Sonics Rising they have an article laying out possible antitrust litigation. I really think the Maloofs are going to be very sorry at some point soon. I don't think anyone will take pleasure in it but the hammer is going to come down.

I will take immense pleasure from seeing Stern wield the full force of his office. If that makes me a bad person, so be it. I won't be alone in my particular circle of hell.

 

[Brac-o-matic]

I will take immense pleasure from seeing Stern wield the full force of his office. If that makes me a bad person, so be it. I won't be alone in my particular circle of hell.

I will be dancing and celebrating with my pitchfork with you...and I believe that 99+% of NBA fans in town will be there too...

 

[VF21]

...What??? Do Hansen, Ballmer and the Maloofs just float any plan they want out to the media, then expect Stern and the BOG to just do what they want???

Unbelievable,
KB

What's amazing to me is that some of the media are swallowing this blatherskite hook, line and sinker. Once again, the Confucius quote once used by Petrie comes to mind: "When the genius points at the moon, the idiot looks at the finger."

Instead of looking at the moon (or desired result), too many media experts are looking at the finger (the planted story). EVERY single reporter out there should be focused on WHY the Maloofs and H/B are doing what they're doing.

 

[Glenn]

Stern is well respected and the BoG by being responsible for the league rules has voluntarily given him the power to do anything. In plain English, they trust him and he has earned their trust over 30 years. Stern, I believe, also trusts KJ and Vivek. We all know that Stern has been giving us help all along but while we are making that statue for KJ, we better be thinking of constructing another for Stern. Neither could have accomplished what has happened without the other.

The NBA is healthy and the BM and Hansen are like a flesh eating disease trying to get a foot hold. By their latest actions, they have only made that more obvious.

 

[bajaden]

Stern is well respected and the BoG by being responsible for the league rules has voluntarily given him the power to do anything. In plain English, they trust him and he has earned their trust over 30 years. Stern, I believe, also trusts KJ and Vivek. We all know that Stern has been giving us help all along but while we are making that statue for KJ, we better be thinking of constructing another for Stern. Neither could have accomplished what has happened without the other.

The NBA is healthy and the BM and Hansen are like a flesh eating disease trying to get a foot hold. By their latest actions, they have only made that more obvious.

I doubt that the league is having kneejerk reactions to current events. I think they've been carefully preparing a best intrests case for some time, going back several years. All the Maloofs are accomplishing now, is adding to the leagues case. I agree that there is no better time than now to set precedent.

 

[Warhawk]

It says, in part:

Also, this:

The Commissioner may disapprove any contract entered into by a
franchise with a player or with television networks, and no sale or trade
by a club is binding without approval of the Commisssioner. In other
words, the Commissioner has the power to invade directly into the affairs
of the association members, the teams themselves. He has great
influence on the owners' decision of approval of admission or transfer of
membership, since the Commissioner conducts the investigation and
submits the application with a recommendation to the owners. Moreover,
the Commissioner interprets and establishes policy and procedure
with respect to the league provisions as the centralized control in the
administration of the league.

 

[VF21]

This part is also intriguing:

"...He has great influence on the owners' decision of approval of admission or transfer of membership, since the Commissioner conducts the investigation and submits the application with a recommendation to the owners."

It was the Commissioner who appointed the members of the relocation and finance committees and it was he who combined the two committees for the purposes of gathering all the data necessary for the BoG to make an informed decision. I do not see the BoG going against the clear wishes of the Commissioner and his appointed committees in this regard.

 

[Glenn]

This part is also intriguing:

"...He has great influence on the owners' decision of approval of admission or transfer of membership, since the Commissioner conducts the investigation and submits the application with a recommendation to the owners."

It was the Commissioner who appointed the members of the relocation and finance committees and it was he who combined the two committees for the purposes of gathering all the data necessary for the BoG to make an informed decision. I do not see the BoG going against the clear wishes of the Commissioner and his appointed committees in this regard.

The absolute stupidity of H/B/N and the Maloofs is that they don't know the rules of the organization they belong to/want to belong to. You absolutely must do what the league says. Actually, you may substitute the word "Stern" for the word "league." This is what KJ and Ranadive have been quietly doing. They are doing what Stern tells them to do. And I might add, they have even been respectful of the Maloofs so as not to confuse who the bad guys are. Well played, guys.

 

[Kingsfan23]

The absolute stupidity of H/B/N and the Maloofs is that they don't know the rules of the organization they belong to/want to belong to. You absolutely must do what the league says. Actually, you may substitute the word "Stern" for the word "league." This is what KJ and Ranadive have been quietly doing. They are doing what Stern tells them to do. And I might add, they have even been respectful of the Maloofs so as not to confuse who the bad guys are. Well played, guys.

I think the Maloofs and HBN are equally to blame.. Yes, HBN have been pulling the strings for over a year now, but they couldn't do that without spineless, emotionless figures on the other end..

 

[bajaden]

My daughter manages a few McDonald stores. Some are franchise stores, which means they belong to McDonalds, and they're managed by McDonalds. Others are privately owned stores sold by McDonalds. If any of the privately owned stores are being mismanaged by the owner, McDonalds has the right to come in and take over the store. Of course they pay the outgoing owner the market price for the store, but the owner is gone, and eventually the store is resold. This is not so different from the NBA. On a different scale of course, but it shows there's precedent for such action, since McDonalds has done it many times. Every private club has rules, and your advised of said rules when you become a member. If you do something detrimental to the club, the club has the right to send you down the road. I think this is a lose/lose for the Maloofs if the Maloofs continue on their current path.

 

[kennadog]

One argument against anti-trust is that other people can go form their own league. It may be difficult, even extremely so. but the NBA couldn't legally prevent it. If MacDonald's doesn't want you or your desired location, well just go start your own chain. You're free to do that.