- 258 Mr. Rockefeller also recommended "a Federal law to provide nationwide protection of the press, especially in those states where no shield laws presently exist. He expressed his opinion that such a law should seek 'a sense of balance between two vital objectives the necessity to maintain a free flow of information and reasonable requirements of effective law enforcement. 11 13/ Mr. Rockefeller outline the need for and the benefits to be derived from such a law in the following manner: I am fully aware that some newsmen and newspapers, newscasters, radio and television stations are not infallible founts of information. I am fully aware that some news coverage is slanted, incorrect and sometimes extremely unkind to elected officials. But as Churchill said of democracy, 'It is the worst form of government but it's better than all the other ones that have been tried. ' So it is with the press. And shield laws are absolutely indispensable to keeping 13/ Ibid., page 157. 14/ Ibid., page 158. Throughout his life, whether as a businessman, philanthropist, or public official, Nelson A. Rockefeller has, by his own declaration, felt a deep sense of public responsibility. He has often said that his wealth has contributed to this sense of public responsibility: "The money has brought with it tremendous responsibilities and great opportunities. aware of the fact that it is like a tool, a sharp tool. If you misuse it, you can get cut, and you can also hurt other people. "1/ I'm also Mr. Rockefeller's public career evidences careful attention to official integrity. He has taken steps to avoid the appearance of conflict of interest. For example, during his several political campaigns, a large portion of the costs of which he and his family have assumed, Mr. Rockefeller was careful to separate the staff of the governor's office from the staff of his political campaigns.2/ Gubernatorial staff persons he felt essential to his campaign were temporarily removed from the State payroll and paid from campaign funds during campaigns.3/ Another example of his concern with official integrity appears evidenced in his policy governing financial investments, adopted prior to his assuming the governorship of New York in 1959.4/ He instructed his investment managers not to invest in any holdings that might give rise to a conflict of interest. 5/ This policy exceeded the requirements of New York law, covering not only companies that might be subject to State regulatory agencies but other companies as well. 6/ Mr. Rockefeller, it has been reported, thereafter had no personal role in investment decisions made on his behalf, nor was he consulted about them during his tenure in office.7/ 1/ Time, September 2, 1974, page 16. 2/ Connery, Robert and Gerald Benjamin, eds., Governing New York State: the Rockefeller years, New York, The Academy of Political Science (1974), page 5. 3/ Ibid., page 5. 4/ New York Times, January 14, 1974, page 31. 5/ Ibid. 6/ Ibid. 7/ Ibid. - 260 In 1959 Governor Rockefeller pledged to divest himself of any financial holdings which might pose a conflict of interest if he should become the Republican nominee for the presidency. 8/ Shortly after his vice-presidential nomination in August 1974, Rockefeller said that he was prepared to divest himself of any holdings which might pose a conflict of interest, or to place his fortune in a blind trust. 9/ Mr. Rockefeller's concern that his official conduct be irreproachable seems exemplified in his request that the cost of special lights for security purposes, which were installed at his Washington, D. C., home subsequent to his nomination for the vice presidency, be paid for from his personal resources. 10/ The Rockefeller family has always felt that the extent of their personal wealth ought to remain private unless legally and legitimately required. 11/ However, in 1959, 1972, and 1973, he filed limited financial disclosures under the "code-of-ethics" law administered by the New York Secretary of State's office. 12/ After his nomination to the vicepresidency, Mr. Rockefeller indicated that he would submit information on his financial holdings and personal wealth to the House Committee on the Judiciary and the Senate Committee on Rules and Administration, which will conduct confirmation hearings; but that he would not publicly disclose that information. 13/ When asked by news reporters if he was prepared to submit his tax returns in his financial disclosure to congressional committees, Mr. Rockefeller stated, "I am prepared to do whatever Congress asks me, and to conform to the law in every respect. "14/ Subsequently, the Governor supplied to the committees a statement of his financial assets, liabilities, and net worth, along with copies of Federal, State, and New York City income tax returns for himself and his wife for the past seven years; Federal gift tax returns; and fiduciary income tax returns on their trust holdings. 15/ 8/ Christian Science Monitor, December 16, 1959, page 1. 9/ Washington Star-News, August 21, 1974, page A 1. 10/ Washington Post, August 23, 1974, page A 1. 12/ 13/ Congressional Quarterly Weekly Report, August 24, 1974, page 2271. 14/ New York Times, August 24, 1974, page 25. 15/ Washington Star-News, September 4, 1974, page A 9. - 261 At a September 3, 1974, news conference in New York City, Mr. Rockefeller stated, in response to questions from reporters, 'that he would take 'whatever steps necessary' to resolve any possible conflicts of interest arising from his vast financial interests. "16/ Reporters questioned whether his financial holdings, for example in a major oil company like Exxon, might create potential conflicts of interest were he to become Vice President. Mr. Rockefeller replied that the "basic assumption" of a conflict potential was "wrong. "17/ He added, "but I am ready to do whatever is appropriate under the circumstances. Should I be confirmed my only responsibility under the Constitution is to preside over the Senate, and the opportunities for conflict-of-interest are limited. "18/ He further stated that "if he were given additional responsibilities by Mr. Ford, 'I have no problems in taking whatever steps are necessary to satisfy the Congress, the President and the American people. "19/ After Mr. Rockefeller had submitted the financial information to the two congressional committees, John Gardner, Chairman of Common Cause, stated that the Governor should also publicly reveal his sources of income and suggested that it would be appropriate for him to do so at the Senate confirmation hearings on his appointment. Gardner said, "I simply say to him and others holding public office that disclosure to a committee is not enough. And I think he will disclose. "20/ Subsequently, on September 11, 1974, the Senate Rules and Administration Committee unanimously voted to require Mr. Rockefeller to make a public disclosure of his financial condition. Mr. Hugh Morrow, press spokesman for the Governor, stated that Rockefeller will disclose all his assets, liabilities, and net worth. He described the disclosure as "a very comprehensive report, although he did not know whether it would include "the nominee's joint holdings with other members of the Rockefeller family. 11 Nor is it certain whether it will include his income tax returns, although one member of the Committee, Senator Allen (D. Alabama), stated his belief that "the tax returns will also be disclosed. In describing the Committee's decision, the Chairman of the Committee, Howard Cannon (D., Nev.), said: 16/ New York Times, September 4, 1974, page 14. -262 If we require full disclosure, then the public can be the best judge on any actions he might take as to whether a conflict of interest exists. Disclosure will make the public and the press the watchdogs. The press has proven to be a very good watchdog in the past and I am sure it will continue to do so. 21/ Official and complete documentation of the financing of the several political campaigns in which Mr. Rockefeller has been a candidate is virtually non-existent. In a 1973 television special on the Rockefeller family, the Governor, in discussing campaign financing, said that he has always filed the contributions and expenditures reports required by law. 22/ However, prior to 1972, Federal reporting requirements for contributions and expenditures in presidential pre-nomination campaigns did not exist; so, there is no offical record of his spending in his presidential bids in 1960, 1964, and 1968. Moreover, under a statute of limitations, official reports he filed in connection with his New York gubernatorial campaigns of 1958, 1962, 1966, and 1970, have all been destroyed, although he has agreed to provide copies of them from his personal files to the Senate Rules and Administration Committee. 23/ The record indicates, finally, that Mr. Rockefeller believes that in the final analysis the ethical conduct of a public official depends on his own conscience. At the same time, as Governor of New York, he supported conflict-of-interest legislation to establish standards of ethical conduct for those who serve the public. In a 1964 radio interview, in response to a question about his assessment of legislative ethics, he stated, in my opinion the individual and his conscience have got to be his guide. The laws [State laws] are there to prevent flagrant violations. But in his conscience, he has got to, once he takes the oath of office, 21/ 22/ 23/ Washington Star-News, September 11, 1974, page A-4. Washington Star-News, September 4, 1974, page A-9. In the same |