Commissioner Robert D. Manfred Jr. today issued a policy decision regarding the status of individuals who have passed away while on the permanently ineligible list. This issue has never been formally addressed by Major League Baseball, but an application filed by the family of Pete Rose has made it incumbent upon the Office of the Commissioner to reach a policy decision on this unprecedented issue in the modern era as Mr. Rose is the first person banned after the tenure of Commissioner Kenesaw Mountain Landis to die while still on the ineligible list. Commissioner Manfred has concluded that MLB’s policy shall be that permanent ineligibility ends upon the passing of the disciplined individual.
In a letter to Jeffrey M. Lenkov, the attorney for Mr. Rose, Commissioner Manfred wrote, “In my view, a determination must be made regarding how the phrase ‘permanently ineligible’ should be interpreted in light of the purposes and policies behind Rule 21, which are to: (1) protect the game from individuals who pose a risk to the integrity of the sport by prohibiting the participation of such individuals; and (2) create a deterrent effect that reduces the likelihood of future violations by others. In my view, once an individual has passed away, the purposes of Rule 21 have been served. Obviously, a person no longer with us cannot represent a threat to the integrity of the game. Moreover, it is hard to conceive of a penalty that has more deterrent effect than one that lasts a lifetime with no reprieve. Therefore, I have concluded that permanent ineligibility ends upon the passing of the disciplined individual, and Mr. Rose will be removed from the permanently ineligible list.”
Commissioner Manfred further wrote, “While it is my preference not to disturb decisions made by prior Commissioners, Mr. Rose was not placed on the permanently ineligible list by Commissioner action but rather as the result of a 1989 settlement of potential litigation with the Commissioner’s Office. My decision today is consistent with Commissioner Giamatti’s expectations of that agreement.
See Video of Commissioner Giamatti’s Remarks at His 8/24/89 Press Conference
“Commissioner Giamatti’s comments were completely reasonable given that, at the time, the Hall of Fame did not have a rule barring people on the permanently ineligible list from Hall of Fame consideration. In fact, Shoeless Joe Jackson was afforded the opportunity to be voted upon in 1936 and again in 1946.”
To establish clarity for the administration of the Major League Rules, the decision in this matter shall apply to individuals in the past or future who are posthumously on the permanently ineligible list. There are 17 deceased individuals disciplined since the founding of the Commissioner’s Office impacted by today’s announcement, including Eddie Cicotte, Happy Felsch, Chick Gandil, Joe Jackson, Fred McMullin, Swede Risberg, Buck Weaver and Lefty Williams; Joe Gedeon; Gene Paulette; Benny Kauff; Lee Magee; Phil Douglas; Cozy Dolan; Jimmy O’Connell; William Cox; and Pete Rose.
