There were two things I didn’t do in the original champagne post – I didn’t discuss whether I thought there was any wrongdoing, and what I thought an appropriate punishment might be. I ended up discussing this at length in radio interviews last week, and hopefully writing this up will help clarify things. In the future, I’m going to try and be much more complete in discussions like this, and try to offer that – it may be part of the reason the discussion on Yankee Stadium dimensions was pretty level-headed, while others haven’t. I freely admit this is going to be an ongoing process.
First, then: was there any wrong-doing associated with the gift? It’s pretty clear there wasn’t. For one, I’ve never met anyone with a bad word to say about Torii Hunter or Mike Sweeney. There’s no evidence there was any kind of untoward actions.
However, in the same way there’s no evidence that Rose did bad things to the Reds when he was caught betting on baseball, part of the problem is that bets/gifts create the possibility of wrongdoing, or the perception of wrongdoing, and undermine confidence in the integrity of the game. The rule and penalties aren’t there just to punish wrongdoing, they’re there to prevent actions that start down that slippery slope.
At the same time, a number of surprising things came out of this story:
- These kind of gifts happen more than we know, they just don’t make stories where they can be seen by the general public
- Both Hunter, Sweeney, and other team personnel, including GM Terry Ryan, were ignorant of the rule until the story broke. I find this a little hard to believe, especially since the rule’s posted in every clubhouse. And I find it weirder that Hunter, especially, who certainly knows his baseball history, wouldn’t know this. But if it’s a common practice, then it’s likely that either this is true or they just didn’t think it was an enforced rule.
And I agree (and I’ve talked about this elsewhere) that modern baseball has turned the rule into something of an anachronism. When players made little money, payoffs from other teams could make a huge difference in their lives, and could drive drastically different action. Today, when even the player making the minimum clears 300k, they’re immunized to a certain degree against bribery. A couple bottles of nice wine isn’t likely to make a modern player bat an eye.
But the rule remains. Baseball, through free agency and the rise of salaries, saw fit to keep the misconduct rule on the books.
What then is an appropriate punishment? I think baseball had two possible actions:
Significant action. Whether or not it happens other places, whether or not other people were doing it, it violates the rule, and the rule’s there for a reason. They might mitigate the punishment, but if baseball’s serious about enforcement of the rule (and their continued treatment of Rose would indicate they are) then every discovered instance needs to be acted on. If they’ve slipped on enforcement before, then they begin enforcement with this instance.
Token action, admit culpability. If baseball is going to let them off the hook, it should be part of a larger action. I’d have said “Having talked to everyone involved, we realize that there was no improper intent, and we’ve found no actions taken.” And then you admit the larger failures:
- We’ve failed to adequately inform the players and teams about the rule and its implications, and will be issuing a clarification memo and working with the MLBPA to ensure everyone’s well-informed about what constitutes a violation and knows the punishments
- We’ll be re-examining the rule in the off-season to discuss if there are revisions we should make: whether there’s room for gestures such as this, possibly a limitation on a gift’s value, or whether any gift allowance creates the room for perception of improper conduct and should remain prohibited
I’m entirely in favor of the latter. It allows baseball to avoid having to suspend two players for being unfortunate enough to be caught, but allows them to choose where they want to draw that line in the future – and where they put that line would be as much a public relations issue.
In general, I’m in favor of having a set of rules that are clear and applied fairly, and being aggressive about resolving contradictions and sections (like the game suspension/calling) that are likely to cause problems in the future, instead of waiting for a scandal. Anyone should be able to read the rules on anything – like the strike zone – and see the game called according to that rulebook. I don’t believe there should be different strike zones for different pitchers, for instance, though in the book I talk about how pitchers work that to their advantage, and as long as they’re allowed to do that, I applaud them for seeking that extra edge.
Or Gaylord Perry – one of the things I most admired about Perry is that each time the rules about what he could do on the mound changed, he adapted his routine to fit. He was a rule-abiding cheater, if you understand what I mean by that.
Baseball’s actual response – to get the gift returned and then do nothing about it at all – sends a really strange message:
- It’s wrong to do this
- If you do it and get caught, we’ll force you return it
- Though it’s wrong and we’ll act if you’re found out, we won’t enforce the penalties associated with the rule
It’s another part of a larger problem with baseball’s enforcement of many rules, which is that it’s okay to break rules unless we decide to enforce them — this is a future post, but it’s a lot like the rules about the DL, which teams regularly violate, MLB knows that a lot of the injuries are exaggerated or entirely made up, and the only time a team gets dinged is if the New York head office is mad at them for something unrelated.
If this had been Jose Canseco and Albert Belle in 1994, would Selig have been so forgiving, so quick to accept that a simple return of the gift would suffice?
This post’s run a lot longer than I thought it would. I hope that’s a reasonable explanation of the context I didn’t provide when I wrote about the incident and the history of Rule 21.