@herculezg Because they tried to sign you and you declined. We would love to have you back.
— Don Garber (@thesoccerdon) April 23, 2013
As shown above, Garber explains that Kansas City still holds the first right of refusal on him because they made him an offer at the end of the 2009 season after his contract expired. The "bona fide offer" which Gomez rejected. Gomez was 27 in 2009 and had 6 years of MLS experience, which would put him in the over 25 with at least 4 years experience. According to the league's collective bargaining agreement Gomez's bona fide offer would be at least the $54,408.38 that he was slated to get in 2009. But according to Gomez, he was offered $20,000 more.
@thesoccerdon you mean that $20k (a year) raise (while so enticing) was a legit offer? I’m aware of the CBA, was a player rep. Saludos.
— herculez gomez (@herculezg) April 23, 2013
That would have put Gomez close to $75,000 a year. That's more than even the 5% raise he would have needed for a bona fide offer if he was 30 with 8 years experience (the next level up in the bona fide offer category).
While I understand the criticism of the CBA that Gomez has with the "bona fide offer" process, KC has met the requirements to retain Gomez's MLS rights should Gomez choose to return to MLS. If a team wants to bring Gomez back to MLS they'll need to make a deal with Kansas City to bring him in. While it's certainly frustrating, with Gomez being a US international, if KC didn't have his rights, Gomez would be put into the allocation process. That would mean that unless the team that was wanting Gomez was number 1 in the allocation order (which I believe right now is Toronto), they'd potentially have to make a deal with that club. Although how a potential designated player contract would work into that would be another thing. But really that's all hypothetical since KC does hold his rights.
And before people jump on the bring "Gomez back to KC" or the "imagine if he never left" bandwagons, take a breath. First, from other comments Gomez has made over the years on Twitter and stories that make the rounds over beers, Gomez's parting from Kansas City wasn't really the smoothest break up in history. Unless Peter Vermes is gone I don't ever expect Gomez back in a KC uniform. As for if he'd never left, if Gomez had never left I don't think he's the player he is now. His departure from Kansas City and his move to Mexico was really the kick that his career needed to rejuvenate. If he'd have stayed in KC he probably would have been a decent pro here, maybe played another couple seasons, but like many of the players originally brought in under Curt Onalfo, would probably have left the team some time between the 2010 and 2011 season.