Friday, April 4th, 2008

Dave Gardner and Chris Harris debate the merits of NFL Commissioner Roger Goodell, who has vowed to clean up the game.

By Dave Gardner and Chris Harris

Commissioner Roger Goodell has been in office for a year and a half now (he was hired Aug. 8, 2006). He hasn’t been afraid to act, but has he solved any issues? How is his term affecting former commissioner Paul Tagliabue’s legacy? And what could he do to make the NFL even more popular? Writers Chris Harris and Dave Gardner debate.

1. Immediately after entering office, Goodell release his new Personal Conduct Policy. Is it really helping to remove off-the-field issues or is it just a system of excessive punishments?

DG: When Goodell took office, all eyes were on him to create a new Personal Conduct Policy, and he did. Many players entering the league believe that they have a shield over them as NFL players. That simply can’t be the case. The really important point in this conduct policy is that the commissioner doesn’t have to wait for the judicial process to make any conclusions before he takes any actions. He can suspend players for conduct that is detrimental to the league, as in the cases of Adam Jones and Michael Vick. Goodell has sent a clear and resounding message to players who are repeated offenders. Has it completely stopped off-the-field issues? No. But it has accomplished what it set out to accomplish: It improved the image of the NFL and, according to the NFL, it has reduced the number of off-the-field issues.

CH: Goodell is taking it upon himself to clean up the leagues image by enforcing the terms of the Personal Conduct Policy with the intent of sending a message. Unfortunately for the commissioner, the same players who inspired the policy are still a burr in the side of the NFL’s public relations department. Chris Henry, despite an eight-game suspension, is back in the news with yet another criminal issue. Adam Jones, despite his long wait for reinstatement, still will not denounce the type of behavior that ensnares him in trouble. Yes, these are two extreme examples of NFL player behavior and should not represent the intent of the new policy, but when the commissioner chose to set the precedent with these two suspensions, there is an expectation for results.

The policy of Goodell to hand down punishments before due process has run its course illustrates his tendency to act as a reactive force rather than a proactive leader. It is certainly important to show the hand of swift justice to send a message, but what is either under-reported or non-existent with the new administration are the efforts to deter and prevent this behavior from the start. Remember, these are young players who are suddenly surrounded by opulent wealth and the vulnerability to outsiders taking advantage of their youth and wealth. While they are adults, the NFL under the Goodell regime has an opportunity and a duty to be proactive in preventing off-the-field incidents. Anything from a league-wide coordinated plan to prevent driving while intoxicated to serious and legitimate financial counseling, something to drive in the idea that off-the-field incidents are preventable and avoidable by something other than a big stick. The trend of the commissioner to harshly enforce the policy before the legal process, if any, have played out could paint him into a corner. Watch and see if anything happens with Cardinals quarterback Matt Leinart who may have a bit of a problem with some photographs of possible underage drinking. Will the commissioner intervene?

2. Was the punishment invoked on the 49ers so much lighter than that invoked on the Patriots for a good reason? Is the commissioner doing everything in his power to enforce the rules equally and preserve the integrity of the game?

<DG>: I find the punishment on the 49ers a little silly, because it seems that there was insufficient evidence on which to make a case. However, Goodell wanted to make it clear that tampering - while however widely practiced - is against the rules in the NFL (for now). What the Patriots did was in direct defiance of a clear statement of the commissioner just months earlier, what the 49ers supposedly did was try to create a contract for a player whom they were hoping to acquire. Surely, they wouldn’t have traded a first-round pick for Briggs had they not been able to keep him past 2008.

At the owners’ meeting, Goodell again proved that he is committed to the integrity of the game. He watched as several rules changed will help to that affect, not the least of which is the defensive radio system.

CH: The 49ers punishment illustrates the problem with Goodell’s desire to set an example. After the opening of free agency where players were signed to big contracts only hours after the new league year started, the commissioner investigates and punishes the 49ers for tampering with Chicago Bears linebacker Lance Briggs, a player who re-signed with the Bears. What would the punishment have been for successful tampering? Is the commissioner willing to go so far as to declare contracts invalid if tampering is suspected? What is the standard for proving tampering? Rather than impose a very severe penalty on the tampering team, a more proactive and realistic approach would be a modification of the league rules to allow contact on the week preceding free agency and to set realistic standards of what is appropriate and what is not. Teams are going to sign players as quickly as possible when the league year starts, issuing arbitrary punishments for tampering that is difficult to prove will not help deter the problem.

Despite the investigation into the 49ers tampering, what the commissioner does is yet again rush to judgment and put his desire to send a message to the league and the fans rather than take the time to make a nuanced and appropriate reaction. It would seem reasonable after the outcry to his Spy Gate response that the league would move a little slower in responding, but the 49ers can attest that it is all about the shot across the bow, not the measured application of what is arguably a vague policy.

Enforcing the rules equally and preserving the integrity of the game are extremely important, but there must be more to policy enforcement than shocking the teams into good behavior. The commissioner has to understand that the delivery of swift justice, in the case of the New England Patriots, is completely offset by the rush to destroy all Spy Gate evidence. To use the big stick of fines, draft picks and suspensions without transparency and consistency will only raise suspicions, not preserve integrity.

3. Is the commissioner earning the respect of players and teams, or is he making too many enemies?

DG: You can look up quotes from guys like Keyshawn Johnson and Carson Palmer who don’t approve of all of the moves of the commissioner, but that doesn’t mean that they haven’t been just. He is setting examples right now of both players and teams, and letting each group know what is acceptable and unacceptable in this league. The Boss doesn’t always make a lot of friends, but he has to do what is right for the company. Ultimately, the commissioner works for the fans, because without them, the NFL wouldn’t be possible. Fans were livid over the conduct of players, it was punished; fans were livid over the defiance of Belichick, he was punished. Goodell is looking to maintain the popularity of the game - so far, he has done it.

CH: This is one area where Goddell is excelling. There was concern when he was tapped for the commissioner’s chair that he was an owners guy, if there is such a thing. If Roger is making enemies, he’s doing so on both sides of the league and that keeps him secure. The phrase “divide and conquer” comes to mind. The player’s union cannot accuse of him of being too soft on owners and teams, just as the owners cannot say he is too light on players. While there are legitimate problems with his execution of punishments and methods of investigation, his balance of the two sides should be applauded.

4. What kind of effect is Goodell having on Tagliabue’s legacy?

DG: When Tagliabue decided to retire, he was widely considered to be a touch act to follow. Having just ridden off on the new-CBA sunset, his bust in the Hall of Fame was already being chiseled. However, it now appears that the CBA will be ended early - with the owners believing the players have too big of a share, and the players not willing to give any of that money back. If the CBA indeed falls apart, and Goodell has to clean up another one of Tagliabue’s unresolved issues (the first being player conduct), then history may not shine as kindly on Tagliabue as was once thought.

Let’s get this straight, though: Tagliabue was an outstanding commissioner who should not be defined solely by the CBA. The man oversaw the growth of the NFL into the nation’s premier sport, oversaw the construction of seventeen new stadiums, strengthened revenue sharing, and began the movement for the international expansion of the NFL.

CH: Tagliabue did a fantastic job as commissioner. Unfortunately the two issues he left unresolved will be the two issues that define his legacy. The failure of Tagliabue to balance the interests of the individual owners with that of “leaguethink” is bringing the NFL into a period of uncertainty. With all the financial success of the NFL and the incredible popularity of the sport, having dark clouds on the horizon is not a good situation for the league. As the NFL gets closer and closer to an uncapped year and the renouncement of the CBA, the chances of resolving the situation decrease. The groundwork of a new CBA or at least a decent idea of where the talks would go should have had a higher priority under Tagliabue.

It’s not necessarily fair that his legacy could be determined by something after his tenure, but it will be hard to ignore it, especially if the outcome hurts the growth and popularity of the league. Player conduct will be a forgotten issue with Tagliabue, but his ineffectiveness with the CBA will damper an otherwise positive legacy. To be clichéd, Tagliabue’s Hall of Fame selection has an 800-pound gorilla in the room with the Collective Bargaining Agreement around its neck.

Dave Gardner can be reached at theconstantgardner@newerascouting.com, and Chris Harris can be reached at chrisharris@newerascouting.com