Former Ontario Chief Justice Validates NHLPA Move To Fire Kelly

Kelly Reportedly Fired Over "Serious Breach Of Trust"

Former Ontario Chief Justice Roy McMurtry in a nine-page legal opinion said that the NHLPA Exec Board "had cause to fire" former Exec Dir Paul Kelly last month over "a serious breach of trust," according to Tony Van Alphen of the TORONTO STAR. McMurtry indicated that Kelly "improperly obtained a full transcript of a confidential board meeting that excluded him; told the board he looked at only part of it but then informed colleagues he had read all of the contents including discussions about his performance." The Exec Board retained McMurtry to "write an opinion on whether Kelly's conduct provided cause for dismissal." McMurtry in his report indicated that the "unraveling of Kelly's tenure" began after a June 18 meeting in Las Vegas, when the NHLPA Exec Board "approved a contract extension for Ian Penny as general counsel and discussed concerns over Kelly's performance." McMurtry noted that a "meeting transcript indicated members expressed 'considerable mistrust' between Kelly, Penny and senior association staff," and concerns "surfaced about a lack of preparation for negotiations for a new contract with the NHL and criticism over 'structure' in maximizing business revenues." Kelly maintained that he "only read the first few pages to probe the issue of Penny's contract." However, McMurtry noted that "'there would appear to be no doubt' that the executive director read the entire transcript because he confirmed it in two emails" to NHLPA Chief of Business Affairs Mike Ouellet. Kelly wrote in one of the e-mails, "If you read the balance of the transcript, as I have ..." McMurtry: "His behaviour represented material and wilful misconduct involving the affairs of the association." Van Alphen notes McMurtry's opinion, which is dated September 24, follows a "firestorm of criticism by players and agents over the lack of information about the reasons for Kelly's surprise dismissal in Chicago" on August 31 (TORONTO STAR, 9/30).

BEHIND THE DISMISSAL: Ducks RW and player rep George Parros yesterday led a meeting of Ducks players to "explain the union's recent and surprising dismissal" of Kelly. Parros: "I just told them everything that happened, how things went down. I've been involved for a couple of years now and I stand behind the decision that we made. We lost faith in Paul's ability to get everyone together on the same page." Parros added that "there was 'some concern' Kelly would be too soft in negotiating with the league during the next collective bargaining talks, but that wasn't the only reason" Kelly was dismissed. Parros: "We had a split office, not a lot of cohesion in the office. We need to get everyone on the same page" (L.A. TIMES, 9/30). However, USA Today NHL reporter Kevin Allen said the ouster of Kelly "was a huge mistake," adding he "didn't like how it was handled." Allen: "I felt that Kelly was just the kind of guy you want in that position. I think he is both a warrior and a statesman" ("NHL Live," NHL Network, 9/29).