FPPC Investigating Hawthorne’s Votes : Caltrans Chairman Had Vowed to Abstain on Projects Involving His Equipment Firm

The state Fair Political Practices Commission is investigating whether a prominent San Diego County businessman has violated state conflict-of-interest laws by voting to approve millions of dollars of construction projects as a member of the California Transportation Commission, sources said Wednesday.

J. Thomas Hawthorne of Escondido, the exclusive dealer of Caterpillar heavy equipment in San Diego, pledged almost three years ago to abstain on Transportation Commission votes involving San Diego County after it was reported that the builders of almost every local highway project buy or rent equipment from his company.

Since then, Hawthorne has voted for 52 area projects worth $164 million, according to a report prepared for the state Senate Rules Committee.

The FPPC probe could endanger Hawthorne’s seat on the commission, to which he has been renominated for a second four-year term by Gov. George Deukmejian. He is now chairman of the commission.

Sen. President Pro Tem David Roberti (D-Los Angeles) said Wednesday that he will delay a scheduled Senate floor vote on Hawthorne’s appointment while the FPPC reviews the matter. If the Senate does not act by Feb. 1, Hawthorne will lose his seat on the commission.

Checking With Contractors

A Senate source said the FPPC has asked the Transportation Commission for a list of construction contracts awarded on the 52 San Diego projects for which Hawthorne voted. FPPC investigators will then check with the contractors to determine how much of that business went to Hawthorne’s firm, the source said.

Neither Hawthorne nor the FPPC’s spokeswoman could be reached for comment Wednesday.

In a Jan. 4 appearance before the Senate Rules Committee, Hawthorne said his votes were not a conflict of interest because San Diego County has received less highway money than legally allowed under the Legislature’s formula for the allocation of state funds. He said his votes did not bring the county any more money than it was already entitled to.

After The Times disclosed Hawthorne’s possible conflict in 1985, the FPPC reviewed his votes and determined that customers of his business had received 90% of the $55.6 million worth of projects approved for San Diego County during Hawthorne’s first 18 months on the commission.

The watchdog agency refrained from fining Hawthorne for a conflict of interest but warned him not to vote on projects that could benefit his business. It was then that Hawthorne pledged to abstain.

“When jobs are let in this area, I’m going to have to abstain from voting on them,” he told The Times.