Report ‘meant to be destroyed’
Waikato DHB missed crucial information in checks on Murray
The initial investigation report by Waikato District Health Board into concerns over Dr Nigel Murray’s spending was supposed to be destroyed, documents released yesterday in the State Services Commission inquiry show.
The draft report, heard by the board the day Murray resigned on October 5, was part of an “employment dispute and settlement process”, according to his lawyer, Peter Cullen.
Another damning investigation into Murray’s spending showed the former Waikato DHB chief executive was stood down from his top job at a health authority in Canada months before he landed the role in Hamilton.
And the critical information was missed in checks by former DHB chairman Bob Simcock during Murray’s recruitment to Waikato because Simcock did not ask Murray’s former employer for a reference.
In a letter to a lawyer acting for the States Services Commission dated January 19 this year, Cullen said the draft report was a confidential document and should not have been given to the commission inquiry lead John Ombler as part of his investigation, the findings of which were released yesterday.
“By way of context,” Cullen wrote, “[redacted] draft report was to be destroyed as part of a settlement agreement signed by the mediator and the DHB which can be enforced by a compliance order in the courts”.
The Herald revealed on October 18 the draft report raised questions about expenses he claimed being associated with at least two Canadian women. Neither was his wife.
Yesterday State Services Commissioner Peter Hughes was highly critical of the board’s decision of last October to accept Murray’s resigna- tion, closing the door on completing that investigation and any possible disciplinary action.
“This was not the right thing to do. This meant Dr Murray did not have to answer for his conduct.”
The Herald asked Simcock if he knew of the settlement agreement allowing for the document to be destroyed, but he did not respond. He previously told the newspaper the board had agreed to Murray’s resignation under advice from a top New Zealand employment lawyer.
Acting DHB chair Sally Webb said in hindsight she might have done it differently.
“When we allowed Dr Murray to resign we did it because we thought that was best for the organisation and it was the legal advice we got.
“But as I listened to the State Services Commissioner this morning I think the piece of the jigsaw puzzle that in hindsight we didn’t put enough emphasis on was the public service.” Acting DHB chair Sally Webb
Webb would not comment on the settlement terms, including possible destruction of the report.
Simcock admitted yesterday that in hindsight it was a mistake not to check with Murray’s direct employer at the time of the recruitment, a point one SSC investigator said could have raised a red flag over Murray’s suitability for the $560,000 a year role. But Simcock defended his other checks, saying he was never alerted to the fact Murray had been effectively dimissed.
Simcock said if the senior health official knew Murray had lost his position he never said.
“It is inconceivable to believe that they didn’t know Dr Murray had been dismissed, yet this information was never passed on.”
Incoming Fraser Health chairman Wynne Powell told the Herald yesterday he was never approached as a referee for Murray and if he had he would have needed Murray’s approval to provide a reference.
Commissioner Hughes said Murray let down taxpayers, took advantage of a trusting chairman and flouted his authority when he used $120,000 of taxpayer money for unjustified travel.
Murray had breached his role as chief executive and should not have been able to resign without facing disciplinary action.