Senate Bill S5915

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5915--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 18, 2009
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Corporations, Authorities and Commissions in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to confidential-
  ity agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature finds that a free
society is maintained when government is responsive and  responsible  to
the  public,  and  when the public is aware of governmental actions. The
more open a government is with its citizenry,  the  greater  the  under-
standing  and participation of the public in government. The legislature
therefore declares that government is the public's business  and  absent
statutory  limitations on the use of confidentiality agreements by state
and local authorities, the people's right to know the process of govern-
mental decision-making is impeded.
  S 2. The public authorities law is amended by  adding  a  new  section
2853 to read as follows:
  S  2853.  CONFIDENTIALITY AGREEMENTS. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION:
  A. "CONFIDENTIALITY AGREEMENT" SHALL MEAN AN  AGREEMENT  ENTERED  INTO
BETWEEN  A STATE AUTHORITY OR A LOCAL AUTHORITY WITH A FORMER OR CURRENT
EMPLOYEE, OFFICER OR MEMBER OF THE GOVERNING  BOARD  OF  SUCH  AUTHORITY
THAT  PREVENTS  DISCLOSURE  OF ANY RECORDS OR INFORMATION, AS DEFINED IN
SUBDIVISION FOUR OF SECTION  EIGHTY-SIX  OF  THE  PUBLIC  OFFICERS  LAW,
DURING OR AFTER THEIR EMPLOYMENT OR SERVICE.
  B.  "LOCAL  AUTHORITY"  SHALL  MEAN  A  LOCAL  AUTHORITY AS DEFINED IN
SECTION TWO OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06731-09-0

              

S. 5915--A                          2

  C. "STATE AUTHORITY" SHALL  MEAN  A  STATE  AUTHORITY  AS  DEFINED  IN
SECTION TWO OF THIS CHAPTER.
  2.  NO STATE AUTHORITY OR LOCAL AUTHORITY SHALL ENTER INTO A CONFIDEN-
TIALITY AGREEMENT, UNLESS:
  A. IT COVERS ONLY RECORDS OR INFORMATION THAT ARE EXEMPT FROM  DISCLO-
SURE  PURSUANT  TO  SUBDIVISIONS TWO AND FOUR OF SECTION EIGHTY-SEVEN OF
THE PUBLIC OFFICERS LAW AND ANY RULES PROMULGATED AND PUBLISHED THERETO;
OR
  B. THE AGREEMENT  COVERS  BOTH  RECORDS  OR  INFORMATION  EXEMPT  FROM
DISCLOSURE,  AND  THOSE SUBJECT TO DISCLOSURE UNDER SECTION EIGHTY-SEVEN
OF THE PUBLIC OFFICERS LAW, BUT ONLY IF:
  (I) THE AGREEMENT DOES NOT  PROHIBIT  ANY  DISCLOSURE  OF  RECORDS  OR
INFORMATION  RELATED  TO  COMPENSATION OR BENEFITS GIVEN TO AN EMPLOYEE,
OFFICER OR MEMBER OF THE GOVERNING BOARD OR OF ILLEGAL CONDUCT OR WRONG-
DOING BY THE AUTHORITY;
  (II) THE AUTHORITY IS UNABLE TO SPECIFICALLY DETERMINE AT THE TIME THE
CONFIDENTIALITY AGREEMENT IS ENTERED INTO WHICH RECORDS  OR  INFORMATION
ARE EXEMPT FROM DISCLOSURE IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION
EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW;
  (III) THE AUTHORITY ESTABLISHES A PROCESS BY WHICH A CURRENT OR FORMER
EMPLOYEE, OFFICER OR MEMBER OF THE GOVERNING BOARD COVERED BY THE CONFI-
DENTIALITY AGREEMENT MAY OBTAIN A RULING FROM THE AUTHORITY AS TO WHETH-
ER  HE  OR  SHE  MAY DISCLOSE ANY RECORDS OR INFORMATION COVERED BY SUCH
AGREEMENT IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED  UNDER  SUBDIVI-
SION  FOUR  OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW, INCLUDING
ANY RIGHT  TO  CHALLENGE  THE  AUTHORITY'S  DECISION  PROVIDED  BY  THAT
SECTION; AND
  (IV) THE AUTHORITY NOTIFIES THE CURRENT OR FORMER EMPLOYEE, OFFICER OR
MEMBER  OF  THE  GOVERNING BOARD IN THE AGREEMENT OF HIS OR HER RIGHT TO
SEEK SUCH A RULING.
  3. NOTHING IN THIS SECTION SHALL  REQUIRE  DISCLOSURE  OF  INFORMATION
OTHERWISE PROTECTED FROM DISCLOSURE BY LAW.
  4.  ANY  PROVISION  IN ANY CONTRACT OR OTHER AGREEMENT ENTERED INTO IN
VIOLATION OF THIS SECTION SHALL HAVE NO FORCE AND EFFECT.
  S 3. This act shall take effect immediately.