BILL NUMBER: S4177

SPONSOR: ANTONACCI
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to prohibiting certain confidentiality and nondisclosure provisions from
inclusion in contracts entered into by the state

 
PURPOSE:

To prohibit the inclusion of confidentiality and non-disclosure
provisions in contracts and agreements entered into by public agencies.

 
SUMMARY OF PROVISIONS:

This bill would add a new Section 89-a to the Freedom of Information Law
in Article 6 of the Public Officers Law. It would prohibit the inclusion
of confidentiality clauses in contracts and agreements entered into by
public agencies. It would also prohibit the inclusion of any clause that
requires that the parties to such a contract or agreement refrain from
disclosing, discussing, describing or commenting upon its terms. An
exemption is provided for claims involving sexual harassment non-disclo-
              

sure agreements if the condition of confidentiality is the complainant's
preference.

 
JUSTIFICATION:

On December 30, 2017, the State University of New York presented one of
its employees with a settlement agreement that contained the following
clause: Employee agrees not to discuss, describe, comment upon, or
otherwise elaborate upon the terms of this Agreement with anyone,
regardless of whether any such communications are deemed to be disparag-
ing or derogatory in nature, facts or opinions or all of the foregoing,
except as may be necessary to enforce or administer the provisions of
this Agreement or as required by law or in response to a legal and/or
administrative proceeding pursuant to a lawfully issued subpoena. No
statement shall be made outside of said proceedings including, but not
limited to, any elaboration and/or explanation of any testimony provided
therein."

The agreement would have remained confidential had there not been a
successful demand for disclosure under the Freedom of Information Law
made by a reporter from the Post Standard in Central New York.

In enacting the Freedom of Information Law, the Legislature found that
"(t)he people's right to know the process of governmental decision-mak-
ing and to review the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiali-
ty."(Pub. Off. Law § 84). This bill furthers that objective.

 
LEGISLATIVE HISTORY:

2018 - S.8513

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:  s.k 1 Immediately