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Thread: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

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    Default Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Why is this the case?

    Quote Originally Posted by RamBo_Lamar View Post
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    Yowser! Here is a quote from that salary cap faq previously mentioned:

    ( http://members.cox.net/lmcoon/salarycap.htm )

    The Collective Bargaining Agreement is a very long legal contract between the league and the Players Association, and is written in dense legalese. It is my hope that this FAQ answers all your questions. However, if you really want the CBA, it is available from the Players Association's web site at http://www.nbpa.com/cba_articles.php. At the time of this writing, bound copies of the CBA are not available from the league office.
    Unfortunately, the CBA doesn't answer every question. The NBA, like most organizations, has by-laws, which are separate and apart from whatever contracts it may make with other entities such as the Players Association. Many of the rules are contained in the NBA By-Laws, and in a third document, the NBA Constitution. While it is possible for the public to obtain the CBA, the league office says the By-Laws and Constitution are absolutely off-limits.

    After looking at this and glancing over the rest of the FAQ am coming to
    realize how incredibly complex this stuff is!
    Why can't people know what these things say?

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    It Might Be a Soft J JayRedd's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Same reason Microsoft doesn't publish it's sexual harrassment policy or building evacuation plan.

    It's just not relevant for public consumption.
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Quote Originally Posted by JayRedd View Post
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    Same reason Microsoft doesn't publish it's sexual harrassment policy or building evacuation plan.

    It's just not relevant for public consumption.

    Perhaps there are by-laws that contradict the CBA the league offices don't
    want scrutinized by the player's union?

    I would bet the NBA Constitution would make for some interesting reading.
    Maybe if starts out something like this:

    "I David Stern, the Fuhrer of the NBA, in Order to form a more
    perfect Basketball League, establish Justice, insure domestic Tranquility,
    provide for the common defense, promote the general Welfare, and secure
    the Blessings of Liberty to ourselves and our Posterity, do ordain and
    establish this Constitution for the NBA."


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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Yeah, I think dismissing it as being irrelevant as a building evacuation is being somewhat myopic. Surely these documents help explain how they assign referees, subtleties of the legalities of a trade or a free agent signing, suspension policies, etc.

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    White and Nerdy Anthem's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Because they're not a publicly traded company.
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    Administrator/ The Real Jay ChicagoJ's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Its a private business; no disclosure requirements.

    Somebody like Eli Lilly has to make material contracts available to the public for investors to review/ consider in thier investment decision. If you want to buy an NBA franchise, you'll sign a confidentiality agreement and they still might not let you see everything. Only the controlling owner even has the privilege of obtaining league financial statements - if you own less than 49%, and the majority owner doesn't want to share the information with you, you have no legal right to it.

    Even for those of us that review those things for a living, they are painful to read. For one case that I worked on, we had to figure out the allocation of ticket revenue for premium seats between the arena/ stadium operations and the team. I have three binders full of the relevant contracts, but we only needed to pull out three paragraphs from one page of those binders.
    Why do the things that we treasure most, slip away in time
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    Why do the things that connect us slowly pull us apart?
    Till we fall away in our own darkness, a stranger to our own hearts
    And life itself, rushing over me
    Life itself, the wind in black elms,
    Life itself in your heart and in your eyes, I can't make it without you


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    Administrator/ The Real Jay ChicagoJ's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Quote Originally Posted by Hicks View Post
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    Yeah, I think dismissing it as being irrelevant as a building evacuation is being somewhat myopic. Surely these documents help explain how they assign referees, subtleties of the legalities of a trade or a free agent signing, suspension policies, etc.
    More likely, they explain how the league is governed (who has voting rights; what the role of an "NBA Governor" is and isn't; what are the permisable terms of a buy-sell agreement; whether someone can own parts of more than one franchise; how the league pays dividends to its teams; what the league collects (revenue) from the teams; how merchandising royalties are split between the league and franchises; who has advertising rights in a particular jurisdiction/ geography; boring stuff like that.

    I'm sure very little of it pertains to rosters, payroll, and on-court stuff.
    Why do the things that we treasure most, slip away in time
    Till to the music we grow deaf, to God's beauty blind
    Why do the things that connect us slowly pull us apart?
    Till we fall away in our own darkness, a stranger to our own hearts
    And life itself, rushing over me
    Life itself, the wind in black elms,
    Life itself in your heart and in your eyes, I can't make it without you


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    100 Miles from the B count55's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Truth be told, the things not covered by the FAQ are (generally) so arcane and rare as to be inconsequential.

    Also, having read the FAQ, the Standard NBA Player's Contract, and the text of the CBA, I can tell you that pretty much anything that the FAQ doesn't answer doesn't need to be answered...at least not for us. (Plus, reading the NBA Players contract and CBA gave me nosebleeds and headaches for months, so having the By-Laws & Constitution private is probably doing us all a favor.)

    As to the earlier poster who talked about the NBAPA, I would be surprised if they didn't have access to the restricted material. They, after all, are not "the public".

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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    Jay,

    It certainly sounds drier when you put it that way, but I think a cliff-notes version would still be interesting for people who are as into the league as we are.

    And in case there's a misconception: I'm aware that they are by no means obligated to do reveal these things.

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    Administrator/ The Real Jay ChicagoJ's Avatar
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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    I agree, that would be true. But the fact that it would be "interesting" to non-investors is probably the very reason it isn't published. It is exclusive. Like it or not, this is how they want it to work.
    Why do the things that we treasure most, slip away in time
    Till to the music we grow deaf, to God's beauty blind
    Why do the things that connect us slowly pull us apart?
    Till we fall away in our own darkness, a stranger to our own hearts
    And life itself, rushing over me
    Life itself, the wind in black elms,
    Life itself in your heart and in your eyes, I can't make it without you


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    Default Re: Why aren't the NBA By-Laws and the NBA Constitution publicly available?

    It would just make too much sense if the public were allowed to see those things...

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