Considering how free agency unfolded — particularly through the first six hours of its opening — over the summer, the National Basketball Association Board of Governors’ approval of more stringent measures against tampering and salary-cap sidestepping was to be expected. So, too, was the unanimous vote; the league aimed to deliver a clear message in pushing for the rules changes, after all, and thumbing them down would have been tantamount to creating the opposite impression. Even as there may have been reasonable cause to say no, doing so would have opened franchises up to the perception that they intended to skirt the law.
In truth, the front office already had the power to crack down on tampering — at least in the way the blight on legitimacy seemingly manifested itself after free agency began at 6 p.m. on June 30; deals were being announced left and right within minutes, and by the time midnight struck, nine-tenths of otherwise-available players were already off the market. Of the notables, only Target Number One Kawhi Leonard and a few others indirectly affected by the Finals Most Valuable Player’s impending decision remained on the board. Had Adam Silver been so inclined, he could have stepped in then and there and issued sanctions with cause.
All the same, the development cannot but be deemed a step in the right direction. Given the public backlash, the NBA had to move against actions that underscored rules being followed in the breach. So, if nothing else, the decision of the Board of Governors serves as a line from which things will be treated differently moving forward. More than the threat of increased fines, suspension of officials, forfeiture of draft picks, and voided contracts, the random auditing of five teams’ communications with potential partners comes off as the biggest deterrent to arrangements made in the dark.
To be sure, under-the-table transactions can still be made, but with more painstaking care taken to avoid being caught. Parties truly intent on getting ahead by bending or breaking written regulations will always find a way. Then again, the point of the Board of Governors’ move is not to ensure a hundred percent compliance. It may be after the ideal, but its more realistic goal involves giving as clear a signal as possible that it’s serious in policing its ranks for fair play. Which is to say, for instance, that its members can’t simply give in to extra-legal demands of coveted marquee names.
How the stricter standards will affect goings-on is anybody’s guess. Enforcement will continue to be a problem, especially in light of its potential to impinge on the quarters’ fundamental right to privacy. Nonetheless, the NBA did right by doing something — anything — to show that it means business. The free agency process became too absurd. Nobody even needed to go behind he league’s back; all and sundry were proudly front and center, handshakes and laughs exchanged in abundance, to the chagrin of fans. Silver stepped in before indifference overcame proceedings. And now, light shines on pacts anew. How much, how far, and for how long? Time will tell.
Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is a consultant on strategic planning, operations and Human Resources management, corporate communications, and business development.
