Contrary to expectations, Bernardino didn’t block the passage of the new provisions and even pushed for the amendments together with his staff.
Board chairman Wilfred Uytengsu said they ratified all but two of the proposed amendments in the board exercise which he called "a constructive process, very healthy, relevant to the present time and nothing more."
Uytengsu pointed out they merely reaffirmed the primary responsibilities of the governors governing the association while at the same time taking into consideration the need for a strong and independent commissioner.
Bernardino said the set of amendments "basically defines clearly the roles each and everyone will play in guiding the PBA in the next 25 or 50 years or until such time it (the revised PBA constitution) becomes irrelevant."
The constitution’s new lead article as suggested by the commissioner will now read: "The name of the association is Philippine Basketball Association, an organization whose powers are conducted; all properties are held and controlled by its board of governors composed of duly-assigned representatives of the PBA member firms."
Two articles expected by many to spark a heated discussion were readily approved.
Meanwhile, Red Bull assured itself of at least the second seeding in the quarters while virtually eliminating Shell as the Thunder walloped the Zoom Masters, 118-103, at the resumption of the PBA Governors Cup eliminations at the Philsports Arena last night.
The Thunder improved their win-loss record to 7-1 while the Zoom Masters slid to 1-7 despite a conference-high 59-point game from James Brewer.
Under the new constitution to be presented to each member ballclub in the next board meeting on Nov. 27, personnel hired by the commissioner for top-level positions in the PBA secretariat will now need confirmation from the PBA board. The five positions are the legal counsel, executive auditor, executive director, marketing director and finance director.
Also under the new set-up, PBA ballclubs can now appeal off-court decisions by the commissioner, needing a two-thirds vote from the board to win its case.
"We just follows traditional corporate practices where top officers are always subject to confirmation by the company’s board of directors," said Uytengsu.
Bernardino, meanwhile, likened it to the set-up in the government where the president’s secretaries and other officials in different departments and bureaus are subject to confirmation of the legislative’s Commission on Appointment.
"And this is all about trust. I trust them and they should trust me. After all, the commissioner will appoint people he trusts, people who can work with him and people who can understand his management style. If you have confidence on your commissioner, I see no reason for the board to deny that confirmation unless they have information you don’t know," said Bernardino.