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David Stern

This discussion between me and Zach Lowe of SI is more centered on the first two than anything else, but there is a few minutes on the Pacers. Feel free to not want to listen to the things I have to say but Mr. Lowe is an insightful guy. Don’t let his association with me bias your thoughts about him. Just give it a shot.

UPDATE: I also offered some thoughts on the post-trade Clippers to ESPN, who was asking whether or not I thought Chris Paul makes them actual contenders.

Yes. The Mavs lost their defensive cog, the Thunder’s best players still need to figure out how to co-exist in crunch time, the Lakers lost Lamar and the Spurs are 700-years-old. There is no West favorite so the Clips can potentially make the Finals. And if you can make the Finals, you’re a contender.

Oddly enough, I even forgot to include the Grizzlies.

These guys are going to sneak up on everyone on their way to a two-seed.

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As you may have heard, the Lakers made a trade offer for Chris Paul to Hornets GM Dell Demps yesterday. After including Rockets GM Daryl Morey in the transaction to include the right combination of players to satisfy the needs of all involved parties, the Lakers (presumably with the approval of team GM Mitch Kupchak and recently hospitalized owner Jerry Buss), Morey and Demps all agreed to make the deal.

At this point, the news of the blockbuster move (which reportedly would have sent — perhaps among other assets — Paul to Los Angeles, Pau Gasol to Houston, and Lamar Odom, Kevin Martin and Luis Scola to New Orleans) was leaked to the media. For hours, Twitter and ESPN and all the other sports media outlets reported a completed deal.

Then, at some point — and I’m definitely not purporting to know the time line or exact events that occurred during this process — David Stern said New Orleans would not be doing the transaction.

This is where things get murky and all the outrage is stemming from.

See, Stern is the commissioner of the league. And the league owns the Hornets.

The 29 other teams each put up an equal stake to purchase the franchise in December 2010 from a debt-laden ownership group led by George Shinn, who was unable to find a local buyer for the team he wanted to sell. So Shinn approached the league suggesting that they buy the Hornets. He wanted to be out from under the burden of ownership — and a presumably a huge chuck of money — and had exhausted the possibility of finding anyone in New Orleans willing to pay the price he was asking.

Especially following the fiasco that was the Sonics relocation to Oklahoma City, the NBA (and, at least when speaking publicly, Shinn) believed that keeping the Hornets in New Orleans was a priority. So it came down to either the NBA buying the team or Shinn opening the bidding for his franchise nationwide, which would presumably include suitors who, like Oklahoma City Thunder owner Clay Bennett, would be buying the team with the intention to relocate it to a location where it is easier to run a profitable professional basketball franchise (like perhaps San Jose, Kansas City, Anaheim, Chicago, Las Vegas or, somewhat ironically, Seattle.)

So the league told the owners about all this and got them all to agree to pony up enough money to pay 1/29th of the price Shinn demanded for the Hornets. Just like that, the NBA owned the team. And under the stewardship of the league — not to mention a lease with Louisiana and a hefty re-location fee that from the NBA on any buyer who wanted to move the team — it seemed as though the process of finding an owner in New Orleans could continue along a time line that did not include the financial pressures that massive credit financing imposed on the Shinn ownership group.

“I wanted to ensure that the team remained in New Orleans, if that was possible, and recognized that the league could provide the necessary funding while a new owner was sought in New Orleans and negotiations with the city and the state could continue,” Stern said.

But the major question presented by the Chris Paul trade fiasco is not who owns the team; it’s who runs the team. Ultimately, the league and David Stern can step in and micromanage any aspect of the team’s operations. But should they? More importantly, throughout the duration of the league ownership, the league has maintained that the day-to-day operations and decisions would be made by the Hornets’ managemenn team in place at the time of the sale (Demps and Hugh Weber) and the league-appointed top boss, Chairman Jac Sperling.

On December 6, as the league was in the process of buying the Hornets, Stern said the following during a media conference call. [Quote marks added by me.]

while this [league takeover] process has been going on, there have been two significant transactions [made by the team]. And our response to both of them was “you guys are management, you understand your budget and your instructions, just go ahead,” because we’ve got Jac Sperling, Hugh Weber here, and if they recommend it, then we’re going to be approving it.

That certainly sounds like a commissioner stating that management has autonomy. As far as I know, there aren’t any GMs across the league who are allowed to make major transaction (or, for some, any transactions) without consulting their owners. I don’t believe, for Larry Bird can just say “I’m trading Danny Granger for Al Jefferson” and not at least run it by Herb Simon. He probably can, however, sign Jeff Pendergraph to a low-salaried two-year deal without anything more than a courtesy call/email/text to Simon so the owner doesn’t have to read about it on the internet.

So a large issue here, to me, is whether or not Demps should be able to make a major, franchise-altering deal with Los Angeles/Houston with only the approval of his immediate supervisors, namely Jac Sperling. If Sperling gives the OK, which he reportedly did, should the trade be done? Or do they have to consult the true owner of the team, the league and, effectively, Stern?

Stern, by words and all previous actions, to my knowledge, had been hands off with team management. I don’t believe he was engaged in the decision to, for example, trade Marcus Thornton for Carl Landry last season. To my knowledge, the league office and Stern found out about that decision the same way they found out about, say, the Jermaine O’Neal trade to Toronto: the teams agreed to a transaction and sent the particulars to the league office for processing. Stern did not get a call from Sperling telling him about the Landry acquisition and say “that sounds pretty good, but try to get them to throw in a second-round draft pick.” He was not involved in the decision in any way.

So there is, to my knowledge, no precedent for Stern serving as the de facto owner of the Hornets when it comes to player personnel decisions. I could be wrong. And I don’t know to what degree Stern has been involved with other aspects of managing the team. I would expect that Stern, via his marketing and sales teams, have had some input into things like season ticket sales strategy. Those types of matters would directly impact the finances of the team in a way that payroll does not.

But many would reasonably argue that Stern should have no role in player personnel decisions. They are arguably “below his pay grade.” Try to improve the team’s overall finances in things that occur off the court, but give the basketball operations staff the autonomy over decisions related to winning basketball games — which are what trades and free agent signings are by and large.

The flip side to all this is whether trading Chris Paul, the best and most important player in Hornets franchise history, is just a player personnel decision. It is also reasonable to suggest that the fate of Paul could significantly impact the valuation of a team that someone higher up than Sperling is responsible for overseeing.

This certainly seems to be the argument that Stern has made in his official statement on the current uproar over the proposed Chris Paul trade.

“Since the NBA purchased the New Orleans Hornets, final responsibility for significant management decisions lies with the Commissioner’s Office in consultation with team chairman Jac Sperling. All decisions are made on the basis of what is in the best interests of the Hornets. In the case of the trade proposal that was made to the Hornets for Chris Paul, we decided, free from the influence of other NBA owners, that the team was better served with Chris in a Hornets uniform than by the outcome of the terms of that trade.”

Whether or not he is correct in his assessment of how keeping Paul, especially now after all the fallout, will effect the team’s valuation is really not all that significant. You can look at that either way. Mark Haubner, an excellent basketball writer from The Painted Ares, questions Stern’s logic.

if there’s one team that got screwed over today, of course it’s the team the NBA owns, the New Orleans Hornets, in one of the league’s smallest markets. Now they apparently can’t trade Chris Paul, and are presumably stuck with him for a lame-duck season, in which the story of the blocked trade will follow him and the franchise around all year, at the end of which, New Orleans will end up with no compensation. This helps increase the value and facilitate the sale of the Hornets how?

Compelling argument.

And that’s what everyone else is doing today: questioning Stern’s logic. But not about how the proposed Paul trade — or how the effect of the Paul trade being called off — affects the team’s valuation. No, people are questioning how Stern thinks he can the right to interfere with the personnel decisions of a management team we were all under the impression was authorized to direct basketball operations autonomously. People are questioning if the league is now effectively run by an irate, stubborn group of small market owners who demanded that the Los Angeles Lakers, of all teams, not be allowed to employ the best point guard since Magic Johnson. People are questioning if the league is rigged.

What gives Stern the right to do this? Well, the sale of the team to the league is what gives it to him.

The question is whether or not he should have exercised it.

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Danny Granger, a New Orleans native, has some thoughts on the league’s commissioner nixing the Hornets’ trade that would have sent Chris Paul to Los Angeles. (via Deadspin)

Due to the sabotaging of the LA/NO trade by david stern, and following in the footsteps of my athlete brethern Metta World Peace and Chad Ochocinco, I’m changing my last name to “Stern’s Bi#&h” #effectiveimmediately

Emma Carmichael of Deadspin took it upon herself to create the custom jersey.

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CBA Talk: Where the Threat Lies

by Tim Donahue on October 28, 2011 at 11:28 am · 0 comments

What a difference a week makes.

Last Friday saw an explosion of anger as the talks fell apart. This time it was the owners, rightly or wrongly personified by Paul Allen’s awkward silence and Peter Holt’s easy Texas manner, who derailed the negotiations. With David Stern out of the room – for reasons either innocent or engineered – the owners put the cart before the horse by reportedly insisting the players accept a 50/50 split of BRI before negotiations on the system could proceed.

It was a profoundly foolish ultimatum, and it brought predictable results.

So, a week ago, we began the countdown to the cancellation of Christmas (at least for the NBA). It was already less than 30 days to the first day of remaining schedule games, and it was practically impossible to get those games in even with almost immediate agreement. Announcement of cancellations, perhaps even an indefinite postponement to the start of the season, was imminent.

But it never came.

Instead, the two sides teleconferenced on Monday, and the owners held another meeting on Tuesday to discuss revenue sharing. These led to the meetings of the last two days. And now, as NBA.com’s Steve Aschburner writes, optimism abounds:

Wait, no snarky “Or not” qualifier? Nope. If only for a night, the content and tone of the key negotiators’ comments to reporters after another seven-plus hours of collective bargaining talks deserved to stand on their own. As did the fact that, as Hunter and union president Derek Fisher spoke publicly first at the end of this session, Stern was seated in the back of the room. He was smiling, he was acknowledged a couple of times by Hunter and he even answered a question for the union chief, who had been asked when the difficult moves in this labor dance would get made.

“Tomorrow,” the commissioner said.

Stern and Hunter both dropped big doses of optimism on NBA fans and followers, suggesting that the lockout, as long and damaging as it has been, might not see its fifth month.

“There are no guarantees that we’ll get it done, but we’re going to give it one heck of a shot,” Stern said.

Said Hunter: “I think we’re within striking distance of getting a deal.”

However, as Stern said in the wee hours Thursday morning, “Until we have an overall deal, we don’t have a deal about anything.”

Though we lack details, we can guess that both sides are close to agreement on a system, and the range where the BRI split will fall has been discussed ad nauseum. If this was just a deal between two guys – between David Stern and Billy Hunter – agreement today would be a certainty.

But it’s not. This is an agreement between 29 owners on one side and 400-some-odd players on the other.  And, since this is an agreement that has been/will be shaped by these disparate parties, it will not make everyone happy. In his interview with Steve Aschburner, NBPA Economist Kevin Murphy said this:

 ”If there’s a deal here, it’s going to be a deal that nobody likes. That’s what deals are. Nobody walks out feeling like they got a complete victory. That’s initially. But then you get back to playing and you realize, geez, I can live with this.”

So, today (and the days that follow), the hope lies in finalizing a deal that the two sides can “live with.” However, even such a deal is certain to leave some feeling left out. And that is where the threat lies – within the people who see no value in agreeing.

The threat is greater from the owner’s side, but that’s largely a function of numbers. It’s just easier in a smaller group. And if you want to see how much it still exists, simply look past what Stern is saying, and watch Adam Silver in last night’s press conference.

However, there is still a tough sell on the player’s side. While the agents have been portrayed as the wolves here, the people who are “left out” are really the super stars – LeBron James, Dwight Howard, Dwyane Wade. With the advent of max contracts, these players have seen their earning potential cut significantly – and they know it.

For all of the attention paid to the BRI split by the media, it’s the stars (and their attached agents) who are really the only BRI warriors in the fight. They can see the direct impact of each point of split on their paychecks, and the system issues don’t mean all that much to them. They are the wild cards from the union, but fortunately, as illustrated by the ESPN’s recent #NBARank project, they are wildly outnumbered.

If talks break down today, it will be framed around BRI. The most likely scenario will be the owners refusing to go past 50, and the players standing firm at 52. Though this will prompt howls of “$80 million ?!?!?!”, it won’t really be about those two points. It will be about the fringes on the two sides not liking the deal as a whole, and using that difference as as excuse.

To keep this from happening, David Stern and Billy Hunter will have to earn all of their money. It seems apparent that these two men are ready to make a deal. Now is the first time in this process that the two sides may be in position for one man on each side to push them together. The task, however, remains herculean.

Five years ago…hell, five months ago…I would have had absolute confidence that the deal would be done once Stern and Hunter started rowing in the same direction. However, neither has ever looked less in control than they have over the course of this lockout. For both, this is almost certainly their last go-round.

Let’s hope they both have one more good day in them.

 

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