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.