§ 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.

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
confidentiality agreement, unless:

a. it covers only records or information that are exempt from
disclosure 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
wrongdoing 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
confidentiality agreement may obtain a ruling from the authority as to
whether he or she may disclose any records or information covered by
such agreement in accordance with the procedures established under
subdivision 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.