SEARCHBITS XXII: NOTHING, PROBABLY Comment Count

Ace

HI IT'S ACE YOU WILL ALL CALL ME BRIAN EITHER BY MISTAKE OR INTENTIONALLY BECAUSE THAT'S HOW IT WORKS NOW.


RELEVANT

This is such non-news that I didn't want to write a post about it but people are freaking out because it's on ESPN Radio and such so I guess it's worth a post. Marcellus Wiley, the guy who replaced Colin freakin' Cowherd on SportsNation, hit the radio today saying he's "as confident as [he] can be" that Jim Harbaugh has already signed a contract with Michigan, which is almost assuredly 100% not true. A transcript of his remarks via the Daily's Alejandro Zuniga:

Harbaugh is still under contract with the 49ers. He's coaching them tomorrow night. He's not simultaneously under contract with Michigan. The only reason this is somewhat worth posting (aside from the accompanying freakout) is that Wiley may be getting an actual contract confused with a Memo of Understanding; I'm by no means a lawyer, but my understanding is a MOU is completely nonbinding. Harbaugh signing one of those would be a good sign but not at all a guarantee that IT'S HAPPENING.

Other stuff from today...

MOSS PUMPS THE BRAKES. The DSR's Jeff Moss, who was among the first to say that Michigan was pointing a rather large money cannon in Harbaugh's direction, is less optimistic after hearing this:

Anyway, last night Jim Harbaugh called one of his former teammates. The conversation did not start well as my source states the San Fran head coach asked, “Would you hate me if I didn’t come?”

He also suggested that the Atlanta Falcons, who are backed by Home Depot money, could enter the fray; Mike Smith's tenure there has gone decidedly south over the last two seasons and he could be on his way out.

Providing the rebuttal is The Wolverine's Chris Balas, who said in a pretty optimistic update that he doesn't believe the rumored "would you hate me?" quote ($).

SCHEFTER STATES THE OBVIOUS. Welcome to the show, Adam Schefter.

49ers HC Jim Harbaugh’s family and friends have been encouraging him to take the Michigan HC job, but he is torn because his heart is in the NFL, per sources close to the situation.
Harbaugh first would like to see what head coaching opportunities come available – and he is likely to be a top choice for a handful of teams – before getting back to Michigan with an answer, per sources.

...

Harbaugh would like to finish coaching this season, go through the players’ getaway day on Monday, Dec. 29, and then make his decision as quickly as possible. As another source said, Harbaugh’s agent, Dave Dunn, already “has a good sense of realistic NFL options already.”
But as one Michigan source wondered Friday, “If he wants to stay in the NFL, who will pay him $8 million per year?”, an indication that Michigan is prepared to go hard after Harbaugh.

There's more at that link. It's entirely stuff that's either common sense or points already covered by Michigan insiders, but I guess it's nice to see an NFL guy get on board with the whole Michigan Has A Real Shot thing.

Comments

Aspyr

December 19th, 2014 at 7:22 PM ^

I believe your right and if he wasn't allowed to sign another (college) contract while still under the 49ers one then I think we would be hearing about how he can't sign untill that is resiolved like with other NFL teams. I'm sure it is in Harbaugh's best interest (though maybe not Michigans) to have the 49er contract terminated.

michigandune

December 19th, 2014 at 6:24 PM ^

I am at a point now that I will be shocked if he does not come to Michigan.  I just can't believe he would string Michigan along at this point.  And it sounds like his dad, wife and friends are all telling him to go for it.    Hey man, Go Blue!!

stephenrjking

December 19th, 2014 at 7:05 PM ^

He is not stringing Michigan along. But that doesn't mean he has made up his mind--most signs now point to Michigan being a real possibility, but almost everything says that he has not yet decided. That Jeff Moss anecdote worries me, because it's plausible and would fit with a guy who is really thinking hard but leaning away from Michigan. And the Atlanta thing worries me. They have real talent. There is no way Mike Smith is there next year unless they actually win a playoff game or two. But they have a real QB and pieces around him and have seriously underperformed. They're in a weak division. The dominoes are ready. And if Harbaugh is desperate to win a Super Bowl that is hard to turn down.

cromartie

December 19th, 2014 at 7:44 PM ^

Not as good as you think. No running game. Hasn't had a good interior defensive line since the mid 1990s. They do have a quarterback, however and that does make it a better situation than Oakland or the NY Jets.

However, they're also in the same conference as the 49ers; something I guarantee you the 49ers would have a problem with. That's high compensation to give up on the Falcons part, high enough that it would give the Falcons problems when trying to rebuild over the near term.

On top of that, the Falcons problems are, in my opinion, caused by a front office with a poor player acquisition strategy, particularly on defense, as much as they are by Mike Smith's coaching. How much of that front office do you suppose Arthur Blank is willing to clean out to make room for Harbaugh?

I can't see the 49ers letting him go to Oakland, because the PR nightmare of dealing with him in their backyard is highly undesirable. I find it more difficult, but not impossible, to see them letting him go to Atlanta. The Jets I could see, but they're a tire fire with a meddling owner and a clown for a front office.

College is a different animal than the pros. He could own his alma mater, and they're willing to back the Brinks truck up to get him. That makes them the leaders in the clubhouse, at least in my mind.

stephenrjking

December 19th, 2014 at 8:39 PM ^

No team that is going to fire a coach is without holes; naturally Atlanta has some. Frighteningly, one of the problems you've identified (running game) is something that Harbaugh has a track record of doing very well. And you have to believe that if Blank wants to make a serious run, he's going to clean out quite a bit to get Harbaugh. It's pretty much assumed that he wants a place with more control. And the Niners are not bringing him back, so their leverage is pretty limited--I don't think they'll block any serious move, since Jim is really in the driver's seat with where he wants to sign. The Niners will get a pick or two, but the alternative is firing him and seeing him walk to the same team for free. It's over in SanFran.

F5

December 19th, 2014 at 6:32 PM ^

I am totally over all this. I am over this coaching search, the hearsay, and most importantly, this website. It is all just a big shit show and we are all like OMG this idiot just did this or that.. I have had enough. Good bye......... Until Jan. 1st

uminks

December 19th, 2014 at 6:38 PM ^

That did not sart until January 1, 2015. This would give him a few days to resign from the 49ers and fly to Ann Arbor for his new coaching gig. This is the news I've been hearing that may have happened on the Friday after thanksgiving. May be Jack Harbaugh knew this all along and that is why he is confident his son is going back to Ann Arbor to coach Michigan. I think a lot of obstacles were cleared before Harbaugh signed the contract. I guess we'll see him here on December 30 or 31st? That would match well with Hacketts prediction of having a new coach in place before classes started in 2015.

Dallas Walmart…

December 19th, 2014 at 7:29 PM ^

Hackett said that he didn't decide to fire Hoke until the Sunday after Thanksgiving. If that's true, then obviously no contract was signed by Harbaugh two days earlier. Would also make Harbaugh's alleged comments to teammates during OSU game pretty interesting. On the other hand, if this did happen it would jive pretty well with what we heard re Harbaugh respecting Hoke and being concerned about being viewed as having taken his job. I'd love to believe it's all done, but I'm skeptical and even moreso of this timing.

AZ-Blue

December 19th, 2014 at 8:41 PM ^

If he's under contract, he's locked.  Anything he signs before his current contract is up is an anticipated breach and SF could sue UM for interference with contract. 

I'm sure it's a pretty ironclad deal and SF's lawyers are no doubt circling the territory.

Harbaugh needs to exit his contract with SF first.  All of this is simply wishful thinking.

FrankMurphy

December 19th, 2014 at 7:44 PM ^

MOUs are generally non-binding, but they need not be. You can sign an MOU with basic terms that requires you to execute a formal contract that includes those terms at a later date. It's not uncommon for a newly-hired coach to start his new job under an MOU while contract details are being worked out and then execute the formal contract a few weeks later (I think Rich Rod did this). Having said that, I agree that it's unlikely Harbaugh has already executed even a non-binding MOU with the University because such an agreement would be public record and subject to FOIA.

HOWEVER, I have a possibly crazy theory involving the search firm that makes it plausible that some kind of binding agreement has already been executed. It seems like the Harbaugh optimism from "insiders" went from zero to sixty over the course of a week. Something had to have happened to trigger it. At the same time, there has been virtually no chatter about plan B candidates. Even if there is a 'handshake agreement' with Harbaugh in place, it would be stupid of Hackett to wait for Harbaugh based solely on a verbal commitment without lining up a solid plan B. Either Hackett has badly miscalculated or he knows something the rest of us don't, which raises the question of whether there's more than just a handshake agreement in place. As I mentioned, I'm sure that Harbaugh hasn't executed any kind of formal contract with the university yet, because such a contract would have to be public record and subject to a FOIA request. Even if you put that aside, such a contract would put Harbaugh in breach of his contract with the 49ers. It would be impossible for Hackett to keep the existence of an actual formal contract under wraps for two weeks, and it would cause a media firestorm if and when it inevaitably came to light.

That brings me to the search firm. The search firm doesn't seem to be talking to any candidates on Michigan's behalf, which makes me curious about what exactly its role is. Maybe, just maybe, Harbaugh has executed a secret binding MOU with the search firm that would require him to sign a deal with Michigan when the season is over. That could be what triggered the positive insider chatter. Hackett might be using the search firm solely as a proxy in order to lock up Harbaugh but keep it under wraps until the season is over (possibly at Harbaugh's request) while putting some distance between Michigan and the deal. Such an agreement would still be problematic legally speaking; the 49ers could potentially have claims for inducement to breach, interference with business relations, and unfair competition against Michigan and the search firm. But if Harbaugh's relationship with the 49ers really is as toxic as the rumors indicate, then it wouldn't matter. It's also possible that Hackett has offered to pay Harbaugh's buyout in exchange for a waiver of all such claims against Michigan by the 49ers, which would explain the rumor from a couple of weeks back that Hackett is "working through" the 49ers (though it would mean that the rumors of an $8 million/year offer are almost certainly not true, since that would be too much cash to be realistic). If that's how it's going down and Harbaugh ends up here, then Hackett is a G and he deserves to keep that job for however long he wants it. 

That, or I should just quit drinking and go to bed. 

big john lives on 67

December 19th, 2014 at 8:45 PM ^

I agree with your rationale here, which echoes that of several others on this thread. 1) Harbaugh knows at this point whether or not he wants to come to Michigan. 2) He is not going to string along his alma mater, use them as a bargaining chip, nor take action to cause them delay and hurt their hire of a Plan B. 3) The complete slow play and inaction in pursuing Plan B by Hackett tells me that he has something concrete or very close to concrete relative to Harbaugh. 4) The announcement timing is being driven by JH's insistence that he not be seen abandoning his current team or by who will be responsible for the contract buy-out (JH or SF). But I may be completely delusional at this point, so......

Njia

December 19th, 2014 at 10:03 PM ^

Not for employment purposes, but for other business deals (apples and bowling balls, I know).

I think the effective date of the agreement (which is probably on or about Jan 1, 2015) is the get-out-of-jail-free card. He can resign following his last game as head coach of the Niners on Dec 28 and be named later the same day if needed. Because Michigan is not bound by NFL rules, the AD can and obviously has negotiated some sort of terms with Harbaugh and his agent, and put an executable agreement on the table that is likely awaiting signature. At this point, there is probably only a verbal, as you've suggested. Receipts for ties being leaked is one thing; an employment contract is another.

My understanding from most of these posts is that although Harbaugh is currently under contract with the Niners, his non-compete does not extent to college teams. Depending upon the language of his current contract, such a clause may not have even been contemplated by the Niners (or even Harbaugh at the time). Since NFL rules themselves provide the non-compete language and seem to only refer to other teams in the league, it's entirely possible that the Niners (and the NFL) didn't even think to add additional language or clauses to Harbaugh's agreement. Therefore, he can simply walk away.

Hackett did many large business deals in his Steelcase career, including a couple of important M&A transactions. This deal, while obviously important, is nevertheless well within his skill set to pull off. He's doing a masterful job of it.