Update on Rubio, the cap, and 2012
As you may remember, earlier this week a fanpost linked to an ESPN article about the CBA and the possibility that Ricky Rubio may have a greater financial interest to enter the NBA in 2012 at age 21 than he does in 2011 at age 20.
What was interesting about this article (aside from the notion that Rubio could be 3 years away from the NBA) is that it appears to have been at odds with Larry Coon's fantastic run-down of the NBA's CBA. Here is what item #42 of Coon's FAQ had to say about first round draft picks who don't immediately sign with their team (H/T to MNSportsFans's Wolves board):
When a team signs a first round draft pick in a year other than the year in which he was drafted, the player is signed using the salary scale for the year in which he is signed, not the year in which he was drafted. An exception to this is for players drafted prior to 2005, under the previous CBA. These players may be signed according to the rules for scale contracts set forth in the previous CBA, including three guaranteed years plus one option year, at the scale salary for the year in which the player was drafted.
Thankfully, Larry has a Facebook page where he takes questions from readers (if you aren't, you should be as his page is fantastic) and I submitted the following:
Larry, ESPN is reporting that should Ricky Rubio play 3 years in Europe he would not be subject to the typical rookie scale salary if he came over to the Wolves in 2012, rather than 2011. This seems to be at odds with item 42 on your FAQ and I am wo...ndering if you could provide some insight as to whether or not this is true; i.e. Rubio has a large financial incentive to come over in 2012 rather than 2011.
I quickly received the following reply:
I was composing a long reply explaining how Chris must not have considered Article X, Section V (which covers draft picks signing pro contracts outside the NBA), before realizing that section only covers draft and negotiating rights, and not the kind of contract the player can sign.
Chris is right in that Article VIII Section 3 says that after ... Read Morethree years, an unsigned draft pick may sign either: A) A rookie scale contract; or B) A contract for 3+ years using the team's "room" (cap room, DPE, Bi-annual, MLE).
Chris also rightly points out that the rules may very well change in 2011, rendering the point moot.
And:
I cleaned up that section of the FAQ.
The new section reads as follows:
42. What if the team and player can't agree to a contract? What options does the player have? How long does the team keep his draft rights?
The player's options are limited. What happens depends on a number of factors:
- If the player is already under contract to, or signs a contract with a non-NBA team, the team retains the player's draft rights for one year after the player's obligation to the non-NBA team ends. Essentially, the clock stops as long as the player plays pro ball outside the NBA. Players are not included in the team's team salary during the regular season while the player is under contract with a non-NBA team.
- If the player was still eligible to play in college before he was drafted, the team retains the player's draft rights until the draft the player would have entered had he not left college early. For example, if a team drafts a college sophomore in 2005, they retain his draft rights until the date of the 2007 draft. Note that the current NCAA rules state that players lose their NCAA eligibility if they are drafted, so the player could not return or go on to play college ball.
- For all other players, the team retains the player's draft rights until the date of the next draft.
In any of the above cases, if the team does not sign the player in the allotted time, the player can enter the next draft. If the team that selects the player in the next draft doesn't sign him either, he becomes a rookie free agent.
When a team signs a first round draft pick within three years after he is drafted, they use the salary scale for the year in which he signs (usually the player signs in the same year he is drafted). After three years they have the option of either using the salary scale or signing him like he was a free agent -- using their cap room, the Mid-Level exception, the Bi-Annual exception or the Disabled Player exception, and with standard raises. They can only do the latter if the player did not play intercollegiately in the interim, and such a contract must be for at least three seasons.
Players drafted prior to 2005 (under the previous CBA) may be signed according to the rules for scale contracts set forth in the 1999 CBA, with three guaranteed years plus one option year, at the scale salary for the year in which the player was drafted.
Thanks to Larry Coon for his prompt reply on Facebook and for his updated section. I am still working on getting someone from the Wolves or the NBA to give us their official reading on the matter.
Remember, it looks like the NBA is in for some labor-related fun following 2011, so it is doubtful that the status quo will remain in place. It may be the case that this particular rule weathers the storm, but it may not be as well. We'll just have to wait and see what happens in the summer of 2011.
Until later.
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Comments
We are trying to clarify it with Blazers CBA guru Tom Penn (yeah, that one), but it seems that rule is applicable and would be grandfathered under a new CBA
And now the owners of the Spurs, Magic, Blazers, and Wolves as the main teams with major unsigned 1st round picks in Europe would have a reason to vote for keeping it intact anyway.
There's Gotta Be More To Life
by Norsktroll on Sep 4, 2009 7:55 AM CDT reply actions 0 recs
Hands down
that rule stays the same. There are so many other issues that they want to work out, I just can’t see this being a direct area they are going to tweek much. There may be some other items with foriegn players, how they are drafted and maybe some changes in when RFA move from the NBA to another league, etc. But this rule is definitely getting granfathered.
by TheEvilProfessor on Sep 4, 2009 8:38 AM CDT reply actions 0 recs
SnP
Excellent job of digging deeper into this set of issues.
Evil Prof – I’m not sure I agree with you. The number of highly rated OUS (and non-collegiate) prospects continues to grow. These types of issues, while by no means central, will take on grteater and greater importance. Furthermore, as other leagues become more attractive to players, these types of issues might really garner attention.
by A.K. Agikamik on Sep 4, 2009 8:43 AM CDT reply actions 0 recs
I guess my point is
that there are enough of these players and teams with interests so that neither side is going to want to hanicap what they can pay these players to come over. They have the base option…sign them to a rookie scale deal (I believe it is pick 5 in whatever year’s draft when he actually signs) or he can be signed by us like a FA, subject to all of those limitations. One of the main things that will change is the cap and how it is structured. They may go to a hard cap or increase the luxury taxes. I have to think that the base cap is still going down however. But I see no reason for the NBA to remove this component of the CBA because the only teams with an excess of cap room are going to be those teams that could likely really need the foreign player. It only serves the NBA’s interests to allow those teams to sign them for more if they want to. The bigger issue is what they choose to do to the cap.
by TheEvilProfessor on Sep 4, 2009 9:01 AM CDT up reply actions 0 recs
So, does this mean that the ESPN article is essentially correct? That would mean no Rubio for three years, not two. He would be foolish not to stay three. It would also mean its even more likely he will never be a TWolf. We hold his rights, but time is really the enemy here. I agree with posters that dealing with foreign players is becoming ever more important in the NBA. They are not a novelty anymore. In a sense Minnesota becomes a ground breaker in the matter of contracts, league-wide, just like they did when they signed KG to his huge contract and triggered all the labor strife.
by ogishkemuncie on Sep 4, 2009 9:21 AM CDT reply actions 0 recs
I wouldn't read to much into this issue
as far as it determining whether or not Rubio plays for us. Fact of the matter is that he wants to play for a winner. Winners don’t have a large amount of cap space. His agent has to know that already. Once we re-up Love and Al, plus the cap hold for Flynn (maybe ellington) as well as our next three first round picks, there may not be a huge amount of cap space available for him to request a much larger contract. If he is as good as we think/hope he will be, we may be able to offer as much as 5-7 mil a year, but not much more than that. So long as it looks like the wolves are ready to compete…I don’t think it will be an issue.
by TheEvilProfessor on Sep 4, 2009 9:25 AM CDT reply actions 0 recs
I agree
And I think it makes it more likely that he comes in 2012 (when he’ll be 21, btw) than that he’ll stay in Europe forever. He’d be a better risk with the MLE than anyone else on the market who’d take it, and it’d be another monetary reason to come to the NBA.
by pagingstanleyroberts on Sep 4, 2009 9:36 AM CDT up reply actions 0 recs
clarification
So after the three years, is it saying that the WOLVES have the option of signing him to the rookie salary scale OR another contract? Or that Rubio has some leverage in this?
what you say here can, and will, be used against you
by GopherNation on Sep 4, 2009 9:39 AM CDT reply actions 0 recs
They have both options
If the wolves are over the cap and don’t have the MLE or any of the exceptions to allow them to sign ricky to a larger deal than the rookie scale, then he can only sign a rookie contract. If they have room, they could lock him up for 5 years right off the bat (I believe that is the max yrs allowable for first contract as FA). Otherwise, if no other options are available, then they can still sign him to rookie scale deal with I believe 2 yrs guaranteed and two team options. Hell, it may be better at that point to get him to sign a 5 yr deal anyway (if they have the ability).
by TheEvilProfessor on Sep 4, 2009 10:51 AM CDT up reply actions 0 recs
Rubio and Pekovic would have an effect on each other. If Ricky is bound to the rookie scale then we can bring them over the same off-season. If we need to use the MLE then we would have to wait for a different year.
Good find SnP. as always I appreciate.
by revprodeji on Sep 4, 2009 4:50 PM CDT reply actions 0 recs

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