Groundwork has been laid for Sarver’s ouster from Suns
National Basketball Association commissioner Adam Silver’s job isn’t (always) to win the press conference.
By many counts, Silver did not win the presser when announcing Phoenix Suns and Mercury owner Robert Sarver’s one-year suspension and $10 million fine following a report that detailed Sarver’s repugnant workplace conduct that included racist and sexist language, bullying and pornographic emails sent to colleagues.
But nothing in Silver’s job description says anything about press conferences. Of course, it’s a bonus when the executive face of the league does.
In Article 24 in the Constitution and By-Laws of The National Basketball Association under the header “Authority and Duties of the Commissioner,” the second sentence reads: “The Commissioner shall serve as the Chief Executive Officer of the League and shall be charged with protecting the integrity of the game of professional basketball and preserving public confidence in the League.”
While many wanted a harsher penalty for Sarver – and at face value it could’ve had more sting – Silver was right when he said he doesn’t have the authority to force Sarver to sell the team. In that same laborious but informative constitution and bylaws tome, the process for terminating an owner is detailed, and while Silver can get the ball rolling, it’s the owners who make the final call and it requires a three-quarters vote to force out an owner.
The commissioner’s job is complex and full of nuance and not always understood such as the fact that Silver works for the owners. He must appease owners, players and fans, navigating basketball operations improvements, financial security and league problems. His authority, while significant, is not unlimited.
Silver stumbled in the presser – such as lauding Sarver’s past good deeds – but the commissioner is playing the long game. Of the several compliments one can give Silver, intelligent is at or near the top of the list.
It may seem like a game of checkers, but Silver is engaged in a strategic process. Sometimes, a wrecking ball is necessary to get the project started. It requires fine art to finish the job.
Silver’s specific language to describe Sarver’s actions – indefensible, saddened, disheartened – and the public release of the independent investigation laid the groundwork for
Sarver’s eventual sale of the team. That’s the outcome the league and its major stakeholders should want if they are smart.
Sarver’s world within the NBA and WNBA began to crumble with the punishment and the despicable details in the report.
It didn’t stop there and won’t stop there.
LeBron James, the most influential player in the league, tweeted to his 52.2 million followers, “I said it before and I’m gonna say it again, there is no place in this league for that kind of behavior. I love this league and I deeply respect our leadership. But this isn’t right. There is no place for misogyny, sexism, and racism in any work place.”
Phoenix Suns guard Chris Paul, who could help the team win a championship this season, a championship that Sarver couldn’t be a part of because of the suspension, tweeted, “I am of the view that the sanctions fell short in truly addressing what we can all
agree was atrocious behavior.”
Suns partial owner Jahm Najafi, who a year ago was the second-largest shareholder of the franchise behind Sarver’s approximate 35%, released a statement calling for Sarver’s resignation.
PayPal CEO and president Dan Schulman said his company will not continue as the team’s jersey sponsor if Sarver remains involved with the team following his suspension.
NBPA executive director Tamika Tremaglio said “Mr. Sarver should never hold a managerial position within our league again.”
The pressure is mounting. Sarver cannot survive in a world where he is not wanted, and no one (well, most people) wants to be in an environment where they are unwelcome.
The more people who read the report, including players, fans, sponsors, and voice their outrage, the closer it pushes Sarver into an untenable situation. Selling his shares becomes the only viable option. Of course, Sarver walks away with a hefty return on investment in that scenario.
But it doesn’t happen overnight. If you look back, the recent “forced” sales of pro sports franchises due to offensive owners, the leagues themselves did not force the sale. While the NBA set in motion steps to remove Donald Sterling as owner of the Los Angeles Clippers, owners never voted (though I’m sure Silver knew the vote count), and Sterling’s wife, Shelly, compelled her husband to sell.
In the recent situation with the Atlanta Dream where then-owner Kelly Loeffler’s views did not align with players or the league, she was not forced by the WNBA to sell. She did when she was persona non grata.
When previous Atlanta Hawks owner Bruce Levenson’s racially insensitive emails became public in 2014, the NBA did not make him sell. The pressure to sell compelled him to sell.
NFL owners never voted to oust Jerry Richardson. After his workplace malfeasance – similar to Sarver’s – he put the Carolina Panthers up for sale.
There’s a reason leagues and owners avoid the nuclear option. One, they don’t want to be involved in the messiness of voting out a fellow owner. Self-preservation is a strong motivator when one day they might be on the wrong side.
But they also don’t want to enter a legal maze of lawsuits, countersuits, discovery, motions that could take years to resolve. What if owners voted to oust Sterling and it turned into a legal drama where Sterling continued to own the teams for years?
These are strategic decisions, and Sarver’s days as owner of NBA and WNBA teams are fewer than they are more.