When and after the petition has been filed with the City Clerk by a member of the Police Department as hereinafter described, the Board of Estimate and Apportionment may in its discretion inquire into, hear and determine any claim against the City of Albany wherein payment is sought by a member of the Police Department for the purpose of paying any judgment for damages legally recovered against him in a court of competent jurisdiction for some act or acts done or for a failure to do some act or acts while actually engaged in the performance of his police duty. The Board of Estimate and Apportionment may order paid by unanimous vote as a matter of grace and not as a matter of right any such judgment recovered by any person against any officer for any act done or performed or for a failure to do some act or acts while he was actually engaged in the performance of police duty, or if such judgment so recovered has been heretofore paid by any officer to order reimbursement for the amount of the judgment so paid. It is further provided, however, as a condition precedent to consideration by the Board such claim has been certified in writing to the Board by the Corporation Counsel as an illegal or invalid claim against the City but which notwithstanding in his judgment it was equitable and proper to pay in the amount certified by him, and provided, further, that a written petition stating all the essential facts in relation to said judgment signed by a member of the Police Department against whom said judgment was recovered shall be filed with the City Clerk within five years of the date of the recovery of the judgment against him. Nowhere in this article shall it be construed that the payment of such judgment when presented as a claim against the City is a legal and binding obligation upon the City of Albany.
If any section, or part or provisions of any section of this article shall be declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such declaration shall be limited to the section, part or provisions directly involved in the controversy in which such declaration was made and shall not affect any other section, provision or part thereof.