Comm Salud keen to ensure no ‘tampering’ on Paul Lee contract

Jane Bracher

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'I am very, very interested in this case because it may involve breaches of rules with respect to premature negotiations,' said PBA commissioner Salud

LEE WANTS OUT. Paul Lee has requested a trade from Rain or Shine through his manager but PBA commissioner Salud wants to ensure that no tampering has occurred. File photo by Josh Albelda/Rappler

MANILA, Philippines – Philippine Basketball Association (PBA) Commissioner Chito Salud is keen to ensure there is no breach of league rules, specifically those of tampering with a player’s live contract and of salary cap rules with regard to Rain or Shine guard Paul Lee’s contract. 

Lee’s contract issues took the spotlight after reports emerged the explosive combo guard wished to be traded once his contract expires on August 30. 

“I am very, very interested in this case because it may involve breaches of rules with respect to premature negotiations. In other words, tampering,” Salud said speaking to members of the press prior to the start of the 2014 PBA Rookie Draft on Sunday, August 24. 

“And also, in this case, since the maximum salary has already been offered, a possible violation of our salary cap rules.” 

Salud said his office is willing to offer arbitration or mediation between Lee’s and Rain or Shine’s camps to help them find a resolution. 

“Rain or Shine and Paul Lee must talk and sort this out. And I am confident that they can sort it out. But the Office of the Commissioner is open for arbitration should the parties feel that they are not going to reach an agreement or a settlement of this issue, they can easily elevate this matter to my office.” 

News broke the past week that Lee expressed through his agent that he wanted to be traded after his contract with Rain or Shine expires. Later reports said Lee made a phone call to Rain or Shine coach Yeng Guiao from Spain to say he wished to be traded. 

Lee is currently in Spain with the Gilas Pilipinas national team for the FIBA Basketball World Cup. 

“There are rules respecting the renewal of contracts of players whose contracts are expiring. The most important rule there is no one can talk to the player by himself or through his agents to negotiate or transact a new contract prior to the expiration of the said contract. The only exception there is the mother team, even before the expiration of the contract of the player, can choose to negotiate and renew the terms of a new contract,” Salud explained the possible breach in league rules. 

“Anybody who talks prematurely to a player still having a live contract can be found guilty of tampering.”

Lee is in his third year in the PBA since he was drafted  second overall by Rain or Shine in 2011. In that span of time, Lee has gone on to become Rookie of the Year and has since been offered a maximum contract with a team that has been a perennial title contender. Rain or Shine has reached the Finals several times and bagged the 2012 Governors’ Cup championship. 

With the stability he’s had with the team and the maximum salary already offered to him, Salud said Lee needs to cite his reasons for wanting to be traded. 

“I want to make this clear to all our players you cannot simple be whimisical or capricious in your desire to be traded. Our fans will ask you why you want to be traded,” he explained. 

“Monetary considerations in this case is already out, it is not a factor anymore. I do understand that Rain or Shine has given the maximum offer possible under the rules.” 

Salud says his greatest concern is transparency with the league and its fans. 

“I think it’s very important to note that our fans are, at the very least, interested in finding out the situation of Paul Lee and Rain or Shine. Many of them are perplexed given the fact that the offer on the table supposedly is already the maximum salary allowed under the rules. So what possible reason could Paul Lee have for asking for a trade?” 

He made it clear that he is not yet mediating officially between the involved parties. Only that the case can be elevated to his office.

“I am not stepping in officially. This is a matter that should be elevated formally to my office by the parties. Without that, I am just saying that the public’s interest has to be protected by making sure that Paul Lee explains why he wants to be traded.”

Simply asking to be traded is no guarantee a player will get his wish. A player’s mother ballclub has a right of first refusal, which means said team has “the right to match whatever offer is given to their player whose contract is already expiring.”

But before any settlement can be made, Lee’s contract must first expire. At which point offers and counter-offers can be laid down.

Should parties not arrive at an “acceptable resolution” by the time the 40th season tips off on October 18, Lee can sit out for one year with his rights still retained by Rain or Shine. After that one year period he becomes a free agent.

“This is a case where maximum salary has been offered. This is not an ordinary case of simple renewal. You are talking of a player that was nurtured by a team from the time he was a rookie and is now being given a stellar, stellar role in the team,” said Salud. – Rappler.com

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