But not anymore. Suddenly information about this mysterious board is in demand, as it’s been charged with forcing the sale of the Clippers after NBA Commissioner Adam Silver banned Donald Sterling for life. So what’s up? How will the board force Sterling out? They’ll navigate the maze that is the NBA Constitution and By-Laws.
First, Silver will convene a meeting — either in person or virtual — with the Board of Governors, which is made of all the NBA owners. (Sterling, obviously, will not be involved.) This will most likely happen within 10 days, according to Article 14(b) of the NBA Constitution and By-Laws.
At that point, Sterling would have five days to address the Board. If he doesn’t, his absence “shall be deemed an admission … of the total validity of the charges as presented,” as stated in Article 14(c).
It would be very surprising if Sterling didn’t show, however, meaning Sterling and the Board will likely go back and forth for an indeterminate amount of time until a decision to force Sterling to sell is made.
Ultimately, to make that decision, three-fourths of the governor board, or about 22 governors, will have to vote in favor of it, according to Article 14(g). These votes will never be released to the public.
At that point, Sterling would have to sell. Well, unless Article 15 is invoked, which has to do with alternatives to termination and that is overwhelmingly unlikely to happen in this case since Sterling has been banned for life from having anything to do with the NBA.
Instead, the Board will then turn to Article14A, which outlines the consequences of forcing an owner out. One option is to force Sterling to sell, which brings us to Article 5, and most likely, Article 5(g). This allows Commissioner Silver to appoint a committee to transfer the ownership of the Clippers wholly without Sterling’s involvement. Although Sterling will still get the proceeds, which will be A LOT.
And that, friends, is how the new Clippers will be born.
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