Yes, I believe it is Article 35A (c) and/or (d) that he is alleged to have violated:
(c) Any person who gives, makes, issues, authorizes or
endorses any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member or its Team, shall be liable to a fine not exceeding $1,000,000 to be imposed by the Commissioner. The Member whose Owner, Officer, Manager, Coach or other employee has been so fined shall pay the amount of the fine should such person fail to
do so within ten (10) days of its imposition.
(d) 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 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.
NOTHING, ZERO, ZILCH in your post says they can make him give up the team, for any amount of money.
(c) Any person who gives, makes, issues, authorizes or endorses any statement having, or designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member or its Team, shall be liable to a fine not exceeding $1,000,000 to be imposed by the Commissioner. The Member whose Owner, Officer, Manager, Coach or other employee has been so fined shall pay the amount of the fine should such person fail to do so within ten (10) days of its imposition.
(d) 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 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.
Regarding (c), there was no "statement." And regarding (d), there was no "conduct."
Private phone call. Illegally wiretapped. Illegally broadcast.
That does not comprise a statement, and it does not comprise conduct. He "did" nothing. What happened is that a crime was "done" TO him. The people making the "statement" are the people illegally releasing the illegally recorded tape. And that illegal release is the only "conduct" going on here.
Contract words count. None of this can be attached to his actions, because nothing he did was accessible to the public without a crime being committed. So legally he did not act. What happened was the broadcast of racist remarks that he made, but he was not responsible for the broadcast of those remarks.
I'm not liking the guy here. But without these kinds of standards, re-read the contract - the commissioner could literally do anything to anyone based on his feelings about any matter. And that's not what that contract means.