§ 2853 — Confidentiality agreements

§ 2853. Confidentiality agreements. 1. Definitions. For the purposes\nof this section:\n a. "confidentiality agreement" shall mean an agreement entered into\nbetween a state authority or a local authority with a former or current\nemployee, officer or member of the governing board of such authority\nthat prevents disclosure of any records or information, as defined in\nsubdivision four of section eighty-six of the public officers law,\nduring or after their employment or service.\n b. "local authority" shall mean a local authority as defined in\nsection two of this chapter.\n c. "state authority" shall mean a state authority as defined in\nsection two of this chapter.\n 2. No state authority or local authority shall enter into a\nconfidentiality agreement, unless:\n a. it covers only records or information that are exempt from\ndisclosure pursuant to subdivisions two and four of section eighty-seven\nof the public officers law and any rules promulgated and published\nthereto; or\n b. the agreement covers both records or information exempt from\ndisclosure, and those subject to disclosure under section eighty-seven\nof the public officers law, but only if:\n (i) the agreement does not prohibit any disclosure of records or\ninformation related to compensation or benefits given to an employee,\nofficer or member of the governing board or of illegal conduct or\nwrongdoing by the authority;\n (ii) the authority is unable to specifically determine at the time the\nconfidentiality agreement is entered into which records or information\nare exempt from disclosure in accordance with subdivision two of section\neighty-seven of the public officers law;\n (iii) the authority establishes a process by which a current or former\nemployee, officer or member of the governing board covered by the\nconfidentiality agreement may obtain a ruling from the authority as to\nwhether he or she may disclose any records or information covered by\nsuch agreement in accordance with the procedures established under\nsubdivision four of section eighty-nine of the public officers law,\nincluding any right to challenge the authority's decision provided by\nthat section; and\n (iv) the authority notifies the current or former employee, officer or\nmember of the governing board in the agreement of his or her right to\nseek such a ruling.\n 3. Nothing in this section shall require disclosure of information\notherwise protected from disclosure by law.\n 4. Any provision in any contract or other agreement entered into in\nviolation of this section shall have no force and effect.\n