Smith’s Appeal to Be Decided Soon

An arbitrator will decide in the next few days whether NBA Commissioner David Stern had the authority to void Joe Smith’s previous two contracts with the Minnesota Timberwolves.

Arbitrator Kenneth Dam presided over an 8 1/2-hour hearing Thursday at a Manhattan law office and said he would issue his ruling in a timely manner.

“We’re waiting for a decision. It won’t be tonight,” NBA spokeswoman Teri Washington said.

Smith’s contract with the Timberwolves for the current season has already been voided, and he is a free agent. But still at issue is whether his contracts for the 1998-99 and 1999-00 seasons will be reinstated, thereby giving him a financial incentive to stay in Minnesota because the team would be able to exceed the salary cap to re-sign him next summer.

If his appeal fails, Smith probably will try to play for the Miami Heat, Chicago Bulls, New York Knicks or Dallas Mavericks.

If Smith wins his appeal, he would regain his Larry Bird rights and be able to sign a lucrative long-term contract with the Timberwolves next summer.

“We feel pretty good about it,” players union attorney Ron Klempner said.

Russ Granik, NBA deputy commissioner, was the only witness to testify Thursday. His testimony took about two hours.

Dam ruled last week that Stern had the right to void Smith’s current contract as punishment for signing a secret salary agreement with the Timberwolves that was to begin with the 2001-02 season and run through the 2007-08 season. Such agreements are a violation of the salary cap.

Dam’s initial decision only concerned the voiding of Smith’s current contract and any future contracts. It made no reference to whether Stern could void Smith’s previous contracts.

Stern also penalized the Timberwolves by taking away their next five first-round draft choices and fining them $3.5 million.