Clayton Watch Fighting
to Amend Civil Grand Jury
Report on City of Clayton
by David King, Diablo Gazette (October 2025)
Last June the Contra
Costa County Civil
Grand Jury released its
scathing Report 2505,
“Clayton: Small City, big
Concerns,” characterizing
Clayton City Council
of gross dysfunction
and operating at near
financial ruin and offered
a series of procedural
recommendations.
The council responded
mostly with disagreement
with almost all of its
findings, citing the report
was filled with errors,
guided by misinformation,
and rejected the
recommendations. So, that
was the end of it right?
Not so fast.
While the Council is
ready to move on, Diablo
Gazette received a copy of
a 56-page petition submitted
by the Political Action
Committee, Clayton Watch,
submitted to the Contra Costa County
Superior Court of California, datestamped on Oct. 23, asking for the court
to amend the record.
According to Gary Hood, a founding
member of Clayton Watch, Clayton
Watch feels the Grand Jury Report
maligns Clayton and that damage needs
to be mitigated with the facts.
With the report as is, the concern is
should Clayton have future recruiting
needs to fill key government and law
enforcement positions, the report
can dissuade top candidates, as well
as be weaponized in future political
campaigns to misinform voters.
The first challenge was to confirm
that Clayton Watch even had standing
to challenge the Grand Jury Report,
which it claims it does for being a duly
registered civic organization acting
on matters of community concern,
government transparency, and
accountability.
The petition was submitted after
several written requests to simply
review the report and correct
misstatements with verified facts, but
those requests were at first unanswered,
then eventually rejected.
There is no precedent for such action.
Further complicating a formal review
is that the Jurors who conducted
the investigation are protected by
anonymity, and have all been replaced
with a new set of Jurors.
The petition cites several
problems with the original report,
notwithstanding its prejudicial title.
Supported by exhibits, the petition
identifies six additional specific factual
and procedural deficiencies in the
report.
The report misstates the general fund
revenues, expenditures and balances
by relying on unaudited figures. The
exhibit provides the audited figures
which Hood says dispels the Jury’s
findings.
The report criticizes the City for not
taking action for revenue enhancement;
the exhibit verifies actions that were
taken.
Citing extreme turnover in City
manager positions, the petition points
out that it is overstating that turnover
by counting interim assignments.
Regarding Brown Act violations, the
petition accuses the Civil Grand Jury
of not understanding the functions and
procedures of special committees and
that no Brown Act violations occurred.
Speaking of procedures, the petition
charges that it was the Grand Jury
that failed its legal obligations by not
providing the Council and any other
affected agencies with a copy of the
report prior to publication as required
by Penal Code 933(f).
Since the original Report cannot
be changed, the petition asks that an
amendment be filed with the provided
factual remedies and suggestions
presented.
Copies of the petition were sent
to the presiding Judge, Hon. Terri
Mockler, Matt Malone, Chief Counsel
and Public Information Officer, County
Supervisor Ken Carlson, Clayton City
councilmembers, President of the
Grand Jurors Association and others.
Now waiting for the Superior Court’s
response, Hood seems to be swimming
in uncharted waters.
Ironically, The Civil Grand Jury
Association, a statewide organization
that trains and educates Civil Grand
Jurors, met in San Luis Obispo on
October 26 and 27. The theme of the
conference, “Civil Grand Jury, the
Cornerstone of Transparency and
Accountibility”.
Perhaps Clayton Watch’s efforts will
be a training tool in the future.
To read the entire petition and its exhibits, click here.