It Takes 75% Owners’ Vote to Take Clippers From Donald Sterling


Now that Adam Silver has banned Donald Sterling from the NBA, ESPN shows you how the owners will decide if he has to sell the team.

Q: Is it possible for Silver and the NBA to terminate Sterling’s franchise ownership?

A: Yes. Under the terms of Paragraph 13 of the constitution, the owners can terminate another owner’s franchise with a vote of three-fourths of the NBA Board of Governors, which is composed of all 30 owners. The power to terminate is limited to things like gambling and fraud in the application for ownership, but it also includes a provision for termination when an owner “fails to fulfill” a “contractual obligation” in “such a way as to affect the [NBA] or its members adversely.” Silver and the owners could assert that Sterling’s statements violated the constitution’s requirements to conduct business on a “reasonable” and “ethical” level.

Any owner or Silver can initiate the termination procedure with a written charge describing the violation. Sterling would have five days to respond to the charge with a written answer. The commissioner would then schedule a special meeting of the NBA Board of Governors within 10 days. Both sides would have a chance to present their evidence, and then the board would vote. If three-fourths of the board members vote to terminate, then Sterling would face termination of his ownership. It would require a vote of two-thirds of the board to reduce the termination to a fine. Terminating a franchise would obviously be a drastic remedy, but the potential of the termination procedure gives Silver and the other owners vast leverage in any discussion with Sterling about an involuntary sale of his team.

Adam Silver has done the right thing, we will see if the owners do as well.

One thought on “It Takes 75% Owners’ Vote to Take Clippers From Donald Sterling

  • Well consider this Don Sterling nee Donald Tokowitz is Jewish 50% of the NBA teams have Jewish owners
    Los Angeles Clippers – Donald Sterling
    Chicago Bulls – Jerry Reinsdorf
    Indiana Pacers – Herbert Simon
    Miami Heat – Micky Arison
    Toronto Rapters – Larry Tanenbaum
    Philadelphia 76’s Joshua Harris
    Golden State Warriors – Joseph Lacob and Peter Gruber
    Milwaukee Bucks – Herb Kohl
    Houston Rockets – Leslie Alexander (although he has come up with an exit strategy
    Cleveland Cavaliers – Dan Gilbert
    Phoenix Suns – Robert Sarver
    Boston Celtics – Robert Epstein, David Epstein, Irving Grousbeck and Wyc Grousbeck
    Brooklyn Nets Bruce Ratner and even the Russian Mikhail Prokhorov
    Atlanta Hawks – Bruce Levenson
    And lets not forget Mr. Slippery Slope Mark Cuban.
    They certainly ARE NOT going to vote another Jew out of the New Catskills Basketball league otherwise known as the NBA. So don’t hold your breath on the Jewish Governors to kickout one of their own. Not gonna happen.

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