How is Bud Selig Able to Take Control of the Dodgers?
What is this “Best Interest of Baseball” clause? How did Bud Selig use it to sell the Texas Rangers to Nolan Ryan and his group and how is he using it to take over the Los Angeles Dodgers now? This is what it says in the Major League Baseball Constitution which was amended in June 2005.
Sec. 2. The functions of the Commissioner shall include:
(b) To investigate, either upon complaint or upon the Commissioner’s own initiative, any act, transaction or practice charged, alleged or suspected to be not in the best interests of the national game of Baseball, with authority to summon persons and to order the production of documents, and, in case of refusal to appear or produce, to impose such penalties as are hereinafter provided.
(c) To determine, after investigation, what preventive, remedial or punitive action is appropriate in the premises, and to take such action either against Major League Clubs or individuals, as the case may be.
and
Sec. 3. In the case of conduct by Major League Clubs, owners, officers, employees or players that is deemed by the Commissioner not to be in the best interests of Baseball, punitive action by the Commissioner for each offense may include any one or more of the following:
(a) a reprimand; (b) deprivation of a Major League Club of representation in Major League Meetings; (c) suspension or removal of any owner, officer or employee of a Major League Club; (d) temporary or permanent ineligibility of a player; (e) a fine, not to exceed $2,000,000 in the case of a Major League Club, not to exceed $500,000 in the case of an owner, officer or employee, and in an amount consistent with the then-current Basic Agreement with the Major League Baseball Players Association, in the case of a player; (f) loss of the benefit of any or all of the Major League Rules, including but not limited to the denial or transfer of player selection rights provided by Major League Rules 4 and 5; and (g) such other actions as the Commissioner may deem appropriate.
This part of the rules that an owner agrees to and swears by when he buys a baseball team. Consequences. Unfortunately for Frank, who plans to sue Major League Baseball, as soon as a judge sees this clause, he will throw it out, he has no grounds for a lawsuit, he agreed to this and he must abide by it.
Source – MLB Constitution (PDF File)
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[...] seems Frank McCourt didn’t read the rules again much like he did when Bud Selig originally appointed Tom Schieffer, so I did it for [...]
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If we accept that Selig is right to invoke the “best interests of baseball” clause then yes, it’s pretty clear-cut. But McCourt could say that his actions were not actually that bad (not that he’s necessarily right, but it’s arguable). At the very least, there’s a case to be made that Selig is being extremely inconsistent in applying it.
Great piece, though. Thanks for finding this!
True but they were bad and everybody knows by now what he’s done, it’s in the public domain and everyone is laughing at him saying he’s absolutely nuts to think that. He has very little ground to stand on, the fact is, I love this what someone said on the radio “If you buy a McDonalds franchise and put tacos on the menu, have dirty bathrooms and steal money from the business towards your own pockets and dont put it into the franchise, McDonalds will take that restaurant away from you and don’t have to reimburse your franchise fee.” That’s the case now, McCourt agreed to certain things when he was made owner of the Dodgers franchise not business as he calls it, then he has violated the rules that the true owner of the franchise, major league baseball, set for him.
Right, that’s why I didn’t say I agree with him. But if you’re the only McDonalds that gets taken from you when there are at least a couple others that are also reflecting poorly on the franchise, the inconsistency makes it look like the CEO has more than just the “best interest of McDonalds” in mind by taking over this one. Just some food for thought (pun intended).
Haha I think the Mets are next but they’re just in financial trouble, not 400 mil in debt and stealing money from the franchise, so should be interesting.