Loophole Exists in NHL Rules : Other Sports Have Tighter Regulations

If expelled Coach Pat Quinn of the Kings had been working in the National Football League, he would not have been allowed to be under contract to two teams at the same time, as he has been in the National Hockey League since Dec. 24.

On that day, Quinn, in the third year of a three-year contract with the Kings, signed a future contract to become president and general manager of the Vancouver Canucks.

Under NHL rules, neither of Quinn’s contracts was required to be filed with the league. Because of that, there was no way for the league to prevent what would appear to be a conflict of interest.

Some experts suggested Monday that if the NHL required coaches and general managers to file their contracts with the league office, as is the case in other professional sports, the situation with Quinn could not have happened.

In other professional sports, the contracts are filed, reviewed by the league and either accepted or rejected. According to NHL President John Ziegler, only player contracts are required to be filed with the NHL.

Quinn was expelled from the NHL last Friday by Ziegler, pending an investigation into the case.

There was an option clause in Quinn’s contract that reportedly allowed him to freely negotiate with any team for future employment. Such a clause does not appear likely to have passed inspection in the other leagues.

Morris Chucas, Quinn’s attorney, admitted: “We should not have been able to do this,” and predicted that no matter the outcome of the league’s investigation, the rules concerning personnel movement will be tightened.

“What will happen is a tightening of the rules that are incredibly loose as they exist in matters of this sort,” Chucas said. “There will be a specific understanding as to what one team may do with another. The rules are very loose. I think that this should be a result of this matter.”

Ted Steinberg, a Los Angeles-based sports attorney, said Monday that some provisions in Quinn’s contract sounded “very unusual.” Steinberg has negotiated contracts for coaches and general managers in the National Basketball Assn. and the NFL, and said Quinn’s contract sounded like a “right of first refusal” contract.

Under that type of contract, according to Steinberg, a coach may have a six-month period in which to negotiate in good faith with the team. If there is no agreement, the coach is free to go elsewhere. Quinn’s re-signing deadline was thought to be between the end of September or the middle of December.

“If they don’t reach an agreement, then he can do whatever he wants,” Steinberg said. “If he didn’t negotiate in good faith and signed elsewhere, the Kings could sue him and prevent him from going.”

Steinberg said that it is difficult to prove that a coach was not negotiating in good faith, that is, honestly working toward an agreement, and that it would be up to a jury to decide.

“They can ask the court to enjoin him from working for Vancouver, but a court is not likely to prevent a guy from working,” he said. “The court would tell them to sue for damages.”

Chucas said that Quinn had negotiated for the right to talk to other teams and had asked that the Kings not file his contract with the league office.

“I would have to think that the Kings knew he would do this, because they gave him the right,” Steinberg said. “The club has no reason to gripe. I guarantee you, the Kings were not surprised. They couldn’t have been. The attorneys negotiating for Buss (King majority owner Jerry Buss) are not stupid. I know them.

“This was something that was negotiated and bargained for. The Kings took a calculated risk that Quinn would not exercise his option. They took a chance and they lost. These guys aren’t fools.”

If Quinn and the Canucks are cleared by the league investigation, even that may not be the end of it. Steinberg said: “If the facts are as you say, the league acted precipitously. If the league rules are that lax, I would think (Quinn) has a cause of action--trade disparagement.”

Steinberg said that if Quinn or his attorney could prove that Quinn’s professional reputation had been damaged by the league’s expulsion, or any actions by the Kings, he could sue.

Chucas said: “our options are open,” when asked if Quinn would sue.

In professional baseball, there is a standing resolution aimed at preventing conflicts of interest.

“No club owner or manager can own stock or have management responsibility with any other professional team,” said Rich Levin, spokesman for major league baseball. “That’s not anything that would be allowed in baseball.”

Steinberg said that he didn’t think Quinn or the Canucks did anything ethically wrong.

“I don’t think it looks bad for him at all,” he said. “It looks like he exercised his legal option, and looks like he had to do it, considering the deadline. He acted honorably.”

It has been suggested that Quinn wanted to wait until the end of the season to sign with Vancouver but that the Canucks told him the job would not be there at the end of the season.

“They have acted within the law, but there is certainly a conflict of interest, no doubt,” Steinberg said. “This would be the type of thing the league would not allow. I don’t know about the NHL, but this is something that would not get by in the NFL or the NBA.”

Steinberg said that by allowing Quinn to put the option in his contract, the Kings gave up their right to charge a conflict of interest.

“If they didn’t want him to have the option to sign with another team, they shouldn’t have let him out of it in the contract,” he said.

Because Quinn’s contract was not on file with the league, the Kings are not allowed to file tampering charges against Vancouver.