James O’Doherty: Transport boss selection process has echoes of Barilaro affair

As opposition leader, Chris Minns was quick to slam ex-deputy premier John Barilaro being picked for a plum position. The selection process of the new Transport for NSW boss raises similar concerns, writes James O’Doherty.

Cabinet meetings are usually top-secret discussions between ministers of the Crown, who are bound by oath not to disclose what goes on.

But this week’s meeting had a special guest.

I can reveal that the Independent Commission Against Corruption used Tuesday’s meeting as an opportunity to remind members if Premier Chris Minns’ cabinet of their legal obligations under the Ministerial Code of Conduct.

As part of that presentation, the ICAC’s Chief Commissioner John Hatzistergos gave ministers an annotated copy of that code, complete with notes explaining what is, and is not, allowed.

The reminder came too late for dumped minister Tim Crakanthorp, who was sacked earlier this month for failing to disclose his family’s extensive property empire.

But it was, perhaps, timely for Transport Minister Jo Haylen, who stands accused of interfering (via her office) in a “merit-based selection process” to hand-pick her preferred candidate for one of the most important jobs in the bureaucracy.

That candidate was Josh Murray, a former Labor staffer-turned-Laing O’Rourke executive. He also happens to be a member of the Labor Party.

Transport Minister Jo Haylen, with Premier Chris Minns in the background, on Thursday. Picture: NCA NewsWire/ Monique Harmer

In July, a government media release said Murray’s appointment followed “a market testing and recruitment process led by the Acting Secretary of the Premier’s Department, Peter Duncan AM, in consultation with the Minister for Transport, Jo Haylen”.

The only problem? The panel put in place to evaluate candidates did not think Murray was the best candidate. And the minister’s office appears to have been pushing Murray from the start.

When the job was first advertised, Haylen’s Chief of Staff Scott Gartrell sent the job listing to Murray, who applied on May 19.

On May 23, Murray texted Gartrell to thank him for “checking in”.

“I had an email from (recruitment firm) NGS Global last Friday confirming they had all my materials,” he said.

Gartrell then said that Murray should be interviewed for the job, despite NGS Global initially suggesting that Murray did not have the “level of operational complexity required for this role”.

Transport for NSW Secretary Josh Murray.

Later, the recruitment firm warned that Murray’s appointment would be a “significant risk” because he lacked “large-scale strategic, operational or people leadership experience”.

Eventually, the evaluation panel found Murray to be “very suitable” to be the next Transport boss.

However, he was ranked behind top Transport bureaucrat Benedicte Colin, who was deemed “highly suitable”.

Haylen was asked to pick between the two, which she did hours after interviewing them on a Saturday morning.

“Josh is a better fit for the department and for me at this time and is therefore my preferred candidate,” she told the acting Department of Premier and Cabinet secretary.

As Transport Minister, Haylen can choose whoever she wants to lead her department.

The government also wanted someone who would bring a fresh start, rather than someone who may bring baggage from the last government.

That is all fine.

Murray may end up being a good appointment; as Minns says, the proof will be in the pudding.

Haylen could have just appointed Murray from the outset and avoided all the fuss. However, she spent $125,000 on a “merit-based selection process” which ultimately suggested someone else would be more suitable for the job.

Haylen has said that she appointed the external panel to “reassure” herself that the best candidates had applied.

Essentially, the whole process was a $125,000 vibe check.

Now the minister is tying herself in knots trying to defend the actions very similar to those Labor slammed when former deputy premier John Barilaro was selected for a plum New York trade role.

Incredibly, Haylen has even claimed that her chief of staff “did not tell the independent panel who to interview”.

Except, in fact, he did.

On May 30, Gartrell told the chair of the assessment panel put in place to shortlist candidates that a proposed shortlist was “pretty underwhelming!”.

“Josh Murray should be interviewed as well,” he said.

Haylen has also admitted that her office intervened to get Murray an interview.

“Well, yes, my office did provide additional names to be interviewed,” she told 2GB, when explaining how Murray appeared on the final shortlist.

Haylen denies lying about her chief of staff’s involvement, claiming that he was just “making a suggestion”.

That is too cute by half.

Haylen clearly wanted Josh Murray to be the man running her department. She should have just appointed him in the first place, rather than trying to hide behind a sham process.

The Coalition believes that Haylen has serious questions to answer about whether she breached the Ministerial Code of Conduct over the saga.

Last week, the ICAC warned ministers that anything unlikely to pass “the pub test” should be referred to the corruption watchdog.

The guidelines said ministers should report anything that “a reasonable person in the community would consider the alleged conduct to be dubious or improper”.

Asked on Thursday if the Transport boss appointment passed the pub test, Haylen said a defiant “yes”.

Ultimately, that is a question only the public can answer.