Posted on 04/30/2014 9:23:25 PM PDT by 2ndDivisionVet
(VIDEO-AT-LINK)
On Tuesday, the National Basketball Association released its Constitution and By-laws – and the release of the text demonstrates clearly that despite media reports, Los Angeles Clippers owner Donald Sterling cannot be voted out of ownership of his team by colleagues for his racist statements.
Yesterday, NBA commissioner Adam Silver fined Sterling $2.5 million and suspended him for life from the league. He certainly has that power under the Constitution and By-laws. Under Article 24(l), the commissioner has the power to do that which is in his best judgment with regard to remedies not covered by the Constitution or By-laws:
Where a situation arises which is not covered in the Constitution and By-laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.
Provision 35A(d) spells this out further:
The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or to inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.
In other words, Silver’s peremptory power is limited to Sterling’s suspension from the NBA and a fine of $2.5 million. It does not extend to booting him from ownership of his team. Furthermore, the association by-laws do not grant the power for owners to force Sterling to sell his team. Termination provisions can only be initiated for violation of specific rules....
(Excerpt) Read more at breitbart.com ...
Whoever that might be ...
None of these people are any good, and watching them beat the crap out of each other can only be a cheap thrill.
But property rights are rights recognized by the government. That doesn’t preclude individuals from signing contracts under terms by which they may be forced to give up participating in a voluntary association such as the NBA.
There’s a difference between an association forcing a sale out of membership and an individual illegally having property stolen or seized. In this case, if the owners go through with forcing the sale, Sterling will at least be able to hold up the sale while it works its way through the courts, which will look to confirm whether the forced sale is within the other owners’ rights.
Oh, also, “none of these people are any good” seems to play into the classic Democrat warfare against the wealthy. Because the other owners are rich enough to own a team, they must all be bad?
It escapes you, doesn't it? What are you? A lawyer? Is your identity invested in the system? In the rule of law ? Well ...
It will be because the other owners signed onto the political correctness agenda by ratifying Adam Silver's judgment like a bunch of sheep in awe of the media. Whereby, they become just so many gauleitern bending to the will of the fascist Regime in Washington. And therefore, they will deserve to lose! Even if Donald Sterling is indeed a racist A-hole!
They are not bending to the Obama administration, they are tamping down lost sponsorships and a revolt by the NBA players. Morals clauses are standard in the entertainment business, and the Association charter likewise has room for addressing conduct that is detrimental to the league, as clearly Sterling’s long-term outrageousness has finally bubbled over to encompassing.
“And if he sues them, the NBA would lose in court.”
The lawsuit would be brought in a California state court. Don’t the judges in California make up the law to suit their political beliefs or feelings? If the case is heard one of the many leftist judges, Sterling may lose.
This says a whole lot more about the politically correct minions in the country then it does about this guy. First of all, if the tape was produced illegally he could sue the gf, the media who propagated it, and maybe even the news outlets who used it. If that is true then it should not be able to be used as evidence in any legal proceding. I know a judge in LA would rule to ignore hundreds of years of precedent to play “Get the Raciss”, but it may come down to a jury decision years from now when the hype is long over!
Where a situation arises which is not covered in the Constitution and By-laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.
Provision 35A(d) spells this out further:
The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $1,000,000, or to inflict both such suspension and fine upon any person who, in his opinion, shall have been guilty of conduct prejudicial or detrimental to the Association.
In other words, Silver’s peremptory power is limited to Sterling’s suspension from the NBA and a fine of $2.5 million. It does not extend to booting him from ownership of his team. Furthermore, the association by-laws do not grant the power for owners to force Sterling to sell his team.
Right, but it this situation is arguably covered in the Constitution and bylaws, as I pointed out and quoted in posts 8, 34, and 41 above.
No, Silver can’t force a sale, but he can put it to a vote of the owners, which at 3/4ths approval could force a sale.
Sooner or later they WILL get around to every white guy that owns a sports franchise...
They should get out NOW while they can..
In other words, Silver’s peremptory power is limited to Sterling’s suspension from the NBA and a fine of $2.5 million. It does not extend to booting him from ownership of his team. Furthermore, the association by-laws do not grant the power for owners to force Sterling to sell his team. Termination provisions can only be initiated for violation of specific rules, none of which include a prohibition on offensive or racist statements causing detriment to the NBA. Article 13 spells out these various crimes which would allow the famed 3/4 vote by owners to oust an owner:
(a) Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.
(b) Transfer or attempt to transfer a Membership or an interest in a Member without complying with the provisions of Article 5.
(c) Fail to pay any dues or other indebtedness owing to the Association within thirty (30) days after Written Notice from the Commissioner of default in such payment.
(d) Fail or refuse to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.
(e) Wager or countenance wagering by its officers or employees on any game in which a Team operated by a Member of the Association participates.
(f) Willfully permit open betting, pool selling, or any other form of gambling upon any premises owned, leased, or otherwise controlled by the Member or an Owner, except, subject to Article 8(a), for gambling activities that are lawful in the applicable jurisdiction and do not involve in any way, directly or indirectly, gambling with respect to any aspect of the Association’s games, events, property, players, or other personnel.
(g) Offer, agree, conspire, or attempt to lose or control the score of any game participated in by a Team operated by a Member of the Association, or fail to suspend immediately any officer or any Player or other employee of the Member who shall be found guilty, in a court of law or in any hearing sanctioned by this Constitution and By- Laws, of offering, agreeing, conspiring, or attempting to lose or control the score of any such game or of being interested in any pool or wager on any game in which a Team operated by a Member of the Association participates.
(h) Disband its Team during the Season, dissolve its business, or cease its operation.
(i) Willfully fail to present its Team at the time and place it is scheduled to play in an Exhibition, Regular Season, or Playoff Game.
(j) Willfully misrepresent any material fact contained in its application for Membership in the Association.
None of these provisions have anything to do with Sterling’s racist statements. Were the owners to vote to terminate his ownership, he would sue, and he would win. The NBA’s failure to make that clear to the media has resulted in the widespread perception that should Sterling maintain ownership, it will be due to the racism of the other owners. That is simply untrue.
The NBA is desperately attempting to pressure Sterling into selling. The truth is that legally, they cannot force him to do so. Even racists still have contract rights.
Silver isn’t booting him from ownership. He’s “encouraging” the other owners to do it, and they can.
As I pointed out in the posts I referred you to, (a) does in fact allow for any other violations of the terms in the constitution and bylaws. I also referred you to those terms that he has so violated.
"As for Mr. Sterling's ownership interest in the Clippers, I will urge the Board of Governors to exercise its authority to force a sale of the team and will do everything in my power to ensure that that happens." - Adam Silver, April 29, 2014
There is an 'ethical conduct in business dealings and contracts' clause that is vaguely worded and which is what they might try to get him with, the argument being that Sterling's comments were unethical and caused damage to the labor relationship between the NBA and the players. If the NBA pulls the trigger on that then it'll be the legal catfight to end all legal catfights. A media whore like Sterling would love it. And I suspect the NBA has no other choice than to try. Certain people will demand it.
At the end of the day I suspect that the NBA will have to be happy with the punishment they have given him. Sterling can be a sports mogul in name only. While the NBA cannot force him to sell they likely can appoint people to manage the team since Sterling can no longer hire or fire. Eventually Sterling will die and his heirs will get it.
Seems to me that by setting the fine at $2.5M the commissioner is invoking this provision which specifically states that this situation is not covered in the Constitution and By-laws.
Otherwise, the fine would be capped at $1M as stated by the provisions you posted in #31.
I wonder if the NBA goons will help him along to his “final reward”.
Nah—they’re just interpreting it as an additional circumstance—say, the players having threatened a boycott—that gives them the flexibility to up the fine.
I think it's time you got your head out of your own rectum and go bother someone who doesn't know about your troubled condition of being an obsessive compulsive who has stopped taking their meds.
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