The NHL constitution
Interesting times in the blogosphere.
Late Wednesday night, I received an email from Dan Tolensky from HockeyBuzz.com, a blogger I chat with once in a while about the hockey topic du jour. Tolensky said he had been leaked a partial copy of the NHL's constitution, and that he'd have a post on it the next day.
"Who'd you sleep with?" was my response back.
The 30-plus page constitution, a set of league rules and bylaws, is not something that's been put out there, not like the collective bargaining agreement, which can be downloaded at NHLPA.com anytime you like. (A surefire insomnia cure, by the way.)
Yesterday just before noon, Tolensky posted a few lengthy sections of the document he'd been leaked, and it all looked rather official. He had some minor analysis of what was there, and the comments were piling up.
A few hours later, the piece was taken offline.
What's up in its place is a bit of an explanation of why the documents were pulled, and in talking to Dan a bit on email last night, it sounds as if he wants to do a bit more digging before putting all of the information out there.
I have no such qualms.
What follows is one portion of what he posted, a section on "Conflicts of Interest." Keep in mind that I have not verified that what's here is actually the league's constitution — for all I know, Dan could have been given anything by anyone willing to mislead him.
Either way, it's worth noting that this is out there and being talked about:
Article XIII – Conflicts of Interest – OwnershipWe've already heard this week that the commissioner was apparently in the dark on some of the recent dealings going on among his crew, and it's certainly not hard to link this document to recent goings on in the NHL.
13.1 Purposes. This Article 13 prohibits the acquisition (or holding) of certain direct or indirect ownership interests in, or management rights with respect to, Member Clubs, by Persons having ownership interests in, or management rights with respect to, one or more other Member Clubs. The League and the Commissioner, as the case may be, shall continue to have all of the rights and powers, and all current and prospective Member Clubs and Owners shall have all of the obligations, set forth in the other provisions of the Constitution, By-Laws, rules, resolutions and agreements of the League. Without limiting the generality of the preceding sentence, the League shall continue to have the right to disapprove any proposed transfer of a direct or indirect ownership interest in a Member Club, even if the proposed transaction would otherwise comply with the provisions in this Article 13.
13.3 Restrictions on Controlling Owner
(a) Subject to Article 13.6 below, a Controlling Owner may not at any time:
(i) acquire or hold an Ownership Interest in another Member Club or its franchise, other than pursuant to the Public Company Exception;
(ii) serve, or permit any of its Attributed Persons to serve, as a Director of any other Member Club or any other Controlling Owner unless, in the case of a Controlling Owner that is a Diversified Owner, the Commissioner has given his prior written approval; or
(iii) enter into any business transaction with any Member Club (Other than the Member Club of which it is the Controlling Owner) without the prior written approval of the Commissioner.
(b) If the Commissioner disapproves any proposed transaction submitted pursuant to Article 13.3(a)(iii), the applicable Controlling Owner may appeal such disapproval to the Board of Governors, which may approve the proposed transaction by three-fourths vote.
It makes you wonder why, at this critical juncture, it's coming to the forefront the way it is. A lot of veteran members of the media have never laid eyes on the constitution, for whatever reason.
Now, perhaps, it's out there, such as it is — and this could be only the beginning.
Labels: business of hockey