All Ball
Dear Batters:
Is there really anything more to say about the baseball deal? Of
course there is. Keep reading.
Gary Imhoff
themail@dcwatch.com
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Do Three City Negotiators with MLB Have
Conflicts of Interest?
John Hanrahan, johnhanrahan5@aol.com
The law firm of one of the city’s top negotiators in the deal to
bring Major League Baseball (MLB) to the District of Columbia has MLB
itself as one of its clients. Additionally, the law firms of two other
top city negotiators have Major League teams as clients, according to
the law firms’ web sites. The city’s top negotiators in the baseball
deal (according to LegalTimes.com, December 19, http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1134641107890&hub=TopStories)
were Mark Tuohey, chairman of the DC Sports and Entertainment Commission
and partner in Vinson & Elkins; William Hall, a Sports Commission
board member and partner in Winston & Strawn; and W. Andrew Jack, of
Covington & Burling. It should be emphasized that their law firms’
web sites do not show Tuohey, Hall, or Jack personally representing MLB
or any MLB team. But all three of their firms — particularly Andrew
Jack’s Covington & Burling — do have well-established ties to
MLB.
These ties raise questions of appearances of conflicts of interest
that need to be pursued by the press. Such scrutiny is especially needed
given the yearlong concern of many city councilmembers and citizens that
the city’s negotiators obtained a terrible deal with Major League
Baseball — and given that some new level of negotiation is reportedly
being conducted now with MLB over the stadium draft lease. It would
appear that these three attorneys were negotiating on behalf of the city
with their law firms’ own clients -- Major League Baseball and
baseball teams that are among the thirty teams that jointly own the
Washington Nationals’ franchise and that stand to profit by $330
million from the sale of the team to a new owner. Under the
circumstances, just how hard a bargain did our negotiators drive?
(Material in quote marks comes from the various law firms’ web sites):
Covington and Burling’s Jeremy D. Spector’s “[r]epresentative
clients in the sports world include the National Football League, Major
League Baseball, the Boston Red Sox, the National Hockey League, the
National Basketball Association, and the Arena Football League.”
Spector’s “practice involves tax planning, IRS controversy work, and
the structuring of corporate transactions, with particular emphasis in
advising sports leagues and teams. . . .” Additionally, his
“sports-related work encompasses such matters as the purchase and sale
of sports franchises, public and private stadium financing, player
compensation, and the treatment of sponsorship, licensing and broadcast
agreements.” Covington & Burling’s senior tax partner Andrew H.
Friedman’s “[r]epresentative clients in professional sports include
all four major leagues — Major League Baseball . . . and professional
sports clubs including the Boston Red Sox.” Vinson & Elkins’s
Christopher A. Knepp, based in Austin, Texas, “represents management’s
interests in numerous major league baseball salary arbitration cases.”
I called Knepp and left a message asking which MLB organizations he
represents, but as of this writing he has not called me back. Winston
& Strawn’s M. Carter DeLorme, whose specialties include “union
avoidance,” has “represented Major League Baseball franchises in
both a consulting and lead trial counsel role with respect to their
player salary arbitration concerns.” Also, Winston & Strawn’s M.
Finley Maxson’s experience “has included transactions involving a
major league baseball club. . . .” (It is unclear whether Maxson’s
client was a baseball club or a party in a dispute with the club.) And
an American Bar Association on-line magazine (October/November 2005)
reported, in an article on legal marketing, that Winston & Strawn
some years ago made a “pitch [for] the business for Major League
Baseball,” but it is not stated whether that effort was successful.
I would hope that reporters from The Washington Post, Washington
Times, and The Examiner, as well as television and radio news
reporters, would probe more deeply into these and other possible
conflicts of interest over the $667 million (and rising) stadium deal.
###############
Didn’t the mayor and the rest of the Brigade keep telling us that
the lease was a done deal and that the city needed to stick with its
original commitments and not change the deal in any way? What a shock
— it wasn’t true! And if changes really can be made, Mayor
Sweetheart has proven that he and the rest of the Baseball Brigade
should not be the ones changing it, considering how badly they were
willingly out-negotiated by Major League Baseball! Why don’t you take
a trip somewhere and leave the heavy lifting to the council at this
point, mayor?
It’s about time that commonsense actions prevail over politics,
like shifting the ballpark from a site where cost concerns and
uncertainties won’t allow the adequate funding that is needed and
where residences and businesses would be destroyed or displaced, to the
one site in the city which would be the best fit for a ballpark and
where costs are much lower and more certain than anywhere else. It just
might be if the council holds firm that MLB will be the ones with hats
in hands, pressing the city to sit down at the bargaining table and not
worrying about deadlines as long as a deal get approved. MLB need DC
more than DC needs MLB. This attitude from the Brigade that we have to
play by MLB’s rules or else needs to go the way of the dodo — as
does the Brigade’s involvement in the city’s dealings with MLB. Here
members of the DC Council are trying to come up with creative solutions
to save the baseball stadium deal, and you’ve got Brigade members like
Steve Green snitching to Daddy Baseball, who then acts to crush the
efforts from council members before they’ve been finalized to pass
stadium overrun costs onto the team owners, since they’re still after
the sweetheart deal as it currently exists. If the MLB and the Brigade
are going to act in unison like this, than the DC council has no choice
but to lay down the law, cut the Brigade out of the process, and start
naming terms that MLB can take or leave.
As MLB isn’t naming an owner, it’s entirely reasonable in the
interests of salvaging baseball in this city for councilmembers to work
with potential owners that are willing to make a deal that’s in the
best interest of the city. And as far as who’s going to be dictating
to whom, MLB’s dictation days, which they’ve been exploiting for far
too long in the ever-worsening deal with the city, are numbered if the
council exercises its power as part of its obligation to the city to
curtail this boondoggle and make it work for the city, leaving it to MLB
to choose if they want to play ball under terms acceptable to the
council.
MLB has no option but to negotiate with the council, since no other
locale is going to match the deal that the council is willing to offer
MLB even with the changes the council would demand. The council has
indicated that it would must certainly approve the deal it thought it
passed last year, in which the city offers MLB the unprecedented
generosity of 100 percent public financing costing no more than the
princely sum of $535 million including infrastructure, parking, and
improvements to related road and Metro stations (which can only occur at
the RFK Stadium site given the cost issues at the current site) with
additional cost overruns coming exclusively from the team, MLB, and
private developers who will be partnering with the city on cooperative
development projects at the site and stand to benefit from the project’s
presence (including coverage for any costs that result from MLB’s
luxury add-ons made outside of the original agreement from an entire
concourse level of club seats and luxury suites to a 7500 SF conference
center). MLB can either take that deal and run like a thief in the
night, or they can play games like this “we’re not going to be
dictated to” nonsense. The city doesn’t have to give MLB forever to
accept the improved deal, either, and the council should put a short
deadline on the offer and warn MLB just like Dupuy did, that any delay
in passing the package would result in the city’s removing all
concessions from the deal. Put this deal in front of MLB, and let the
other factors — from the population and top ten media share of this
market to the eager anticipation from the twenty-nine owners of $450
million in franchise sale proceeds to divide amongst themselves — do
the rest. The councilmembers who have refused to rubber-stamp this
boondoggle have done the city a tremendous service. They now need to
take the next step and offer MLB the deal and demand a quick answer so
this matter can be resolved quickly and properly.
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Where Is the Folly? Really Now!
Harold Goldstein, mdbiker@goldray.com
There seems to be a “baseball folly” bandwagon that has
mindlessly developed here. I read that “It is clear that financial
disaster is certain.” Give me a break. We pontificate repetitively and
continuously about cost overruns and other needs of the city, but the
two sides are yelling at each other and not listening to each other. For
me, and my position is that I like baseball being here but I don’t
really care, neither side presents a really compelling argument; but it
is clear that this is not a financial disaster and that the city will
probable not be affected that much in either direction. Talk of cost
overruns — tell me about municipal projects (or state or federal) on
this scale anywhere without cost overruns?
What about our Metro system? Everyone involved with it knew that the
originally stated two billion was ridiculous and that cost overruns were
100 percent certain; and we know it cost a cool ten billion. It was a
financial boondoggle of the first sort, making many real estate
developers very wealthy without reducing traffic in the slightest. But
should it have been built?
Thirty years from now you can ask the same question about this
stadium and those of us still around will still debate it because there
will be no clear answer. So get off your high horses or else provide
clear evidence of serious ills to befall this city because of it.
Comparing to a painting? Please.
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Here is a list of some of the signs we had on Monday at the rally:
Don’t Raid Our Emergency Fund!; US Military: We Need Money for a
Stadium; RFK Is OK; Baseball — Yes, DC Pays All — No; Baseball at
RFK — Yes; Fix Schools Only after Stadiums; Mayor “Blank
Check” Williams!; Stadium 1st, Schools 2nd; Stadium 1st, People Last;
MLB Wins, DC Loses; No Rubber Stamp Council.
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Mayor Williams Requests Delay in Tuesday’s
Stadium Lease Vote
Andy Litsky, ANC-6D, alitsky@aol.com
In a victory for citizens across the District, members of the DC
council today told the mayor that they would require significant
concessions from MLB and that they could not approve a stadium lease
that gave a blank check for stadium construction. To those of you who
called, wrote and visited members of the council in person — thank you
so much for your help in this effort!
We greatly acknowledge the leadership of Councilmembers David Catania,
Jim Graham, Adrian Fenty and Marion Barry, each of whom has argued
forcefully against blanket approval of this plan. But the fight is not
over. At some point in the near future there will be a vote on a lease.
Mayor Williams has said that he needs to tweak portions of the lease.
But the lease doesn’t just require a few technical amendments, it
needs an overhaul to ensure that the thirty year agreement we sign with
baseball is honest, fair and equitable.
Please contact the following swing vote councilmembers who stood up
today in their support of fiscal sanity: Kwame Brown, kbrown@dccouncil.us;
Vincent Gray, vgray@dccouncil.us;
Carol Schwartz, cschwartz@dccouncil.us;
and Phil Mendelson, pmendelson@dccouncil.us,
to thank them for their difficult and courageous decision on this
matter. Ask them to continue to exercise strong council oversight and
require that Major League Ball come back to the District with a deal
that caps our indemnity at the levels to which the Council had
previously agreed. We also must insist that if others — such as local
developers or the federal government — suggest that they will assume
any portion of the infrastructure and other attendant costs, that these
agreements must be put in writing prior to adopting any lease agreement
for the stadium site. We can bring baseball to Washington, but it must
— at long last — be done properly. All the best for a very happy
holiday season!
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Ward 3 councilwoman Patterson is frequently missing from public
events, apparently preferring privacy over constituent contact. This
week she continued the avoidance and had a clerk in her office send
E-mails to constituents confused by her stance on the stadium lease,
announcing in effect that she had sold out her vote on the stadium to
MLB interests [http://www.dcwatch.com/govern/sports051219.htm].
Among the many risible arguments in her “baseball statement” is
the gushing over the so-called “community benefit” fund that the
chief-certifying-officer, Natwar Gandhi, claims is "real" and
will provide $400 million for unspecified programs. Such a deal, spend
$600 million, $700 million, perhaps $1 billion or more, on the stadium
and gain an opportunity to spend another $400 million on politico
giveaways. Wouldn’t it be cheaper to just spend the $400 million? Or,
maybe just bury it in front of the Wilson building.
Patterson concludes her statement with tough talk and a stern warning
for future administrators: “If the stadium project moves forward, the
Council must provide the kind of tough oversight that large public
projects demand. I am committed to that oversight, along with working to
see that professional baseball benefits everyone in this city, starting
with our young people.” Awesome. Tough oversight after the fact. This
person could go far in DC politics.
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With regard to Dorothy Brizill’s posting [themail, December 18]
about my having "sold" my vote on the stadium lease: I do not
sell votes. I do not trade votes. I never have. I never will.
Late last week, two other reporters asked me about this particular
rumor at the Wilson Building, part of which was that I conspired all day
Thursday with Councilmember Evans. I explained that this was not
possible given that I was on camera chairing a hearing from 9:30 til 2,
then attending another hearing from 2 til 6. And I explained my view on
vote sales. Neither reporter went with this rumor. Dorothy got played by
a rumormonger with an agenda. The reporters who did me the courtesy of
calling did not.
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This week, the mayor told several news outlets that he had three firm
new commitments on the ballpark. He said that the developers who had
been selected by the Anacostia Waterfront Corporation to develop the
ballpark area had agreed to kick in $12 million for infrastructure
improvements; that the Bush White House had assured him the federal
government would underwrite upgrading the Navy Yard Metro station; and
that WMATA had agreed to close and relocate their bus garage in the
footprint of the stadium. I asked the mayor’s press office for copies
of anything that they had in writing to confirm any of these
commitments. Finally, this afternoon, the press office admitted that
there were no written commitments from anyone on any of these subjects.
I must admit my error; in my posting in themail last Sunday, December
18, I wrote that Councilmembers Kathy Patterson and Jack Evans had met
last week to discuss Evans’ withdrawal from the council chairman’s
race, Patterson’s candidacy, and her vote on the baseball lease. As
Councilmember Patterson writes above, they did not meet in person on
Thursday, December 15. Instead, as both council offices confirm, they
spoke on the telephone.
Councilmember Patterson denies that she sold or traded her vote on
the ballpark lease. However, last Friday, members of Mayor Williams’s
baseball lobbying team, both Executive Office of the Mayor staffers and
representatives of the DC Sports and Entertainment Commission, described
the situation differently. While they were trying to round up votes from
councilmembers, in the course trying to create the impression that
support for the lease was building, they let it be known widely in the
Wilson Building that Kathy Patterson now supported the stadium lease,
and they said it was because she had made a deal with Jack Evans. On
Monday, just before the mayor withdrew the lease agreement, Patterson
confirmed in an E-mail to her constituents (http://www.dcwatch.com/govern/sports051219.htm)
that she would vote for the ballpark deal.
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CLASSIFIEDS — EVENTS
Health, Housing, and Human Services: Exploring
Strategies for the National Capital Region, January 3
Thomas Mentzer, tmentzer@ui.urban.org
The Urban Institute’s monthly First Tuesday event series will focus
on the national capital region during its first panel discussion of
2006. Panelists will address issues facing the capital region and
strategies created to deal with them. Presentations will focus on the
complex relationship of the problems, their conflicting dynamics, and
regional solutions that could help address them. Panelists include David
Robertson, executive director of the Metropolitan Washington Council of
Governments; and Urban Institute researchers Carol De Vita, Barbara
Ormond, and Peter Tatian. The event will be held on Tuesday, January 3
at the Urban Institute, 2100 M St. NW, 5th Floor. A light lunch is
available at 11:45 a.m., with the event beginning at noon and ending at
1:30. Presentations will be followed by a question-and-answer session.
Seating is limited, so please RSVP. For more information or to register,
call 261-5709 or E-mail paffairs@ui.urban.org.
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