CMPD chief won’t retire before RNC after all, amid pension dispute with the state
Ending a two-month standoff with state officials, Charlotte-Mecklenburg Police Chief Kerr Putney says he won’t retire at the end of the year and will stay on through next year’s Republican National Convention.
“I intend to retire but it will not be January 1st, 2020,” Putney told reporters Friday.
His decision ends a dispute between the city and the state Treasurer, who administers the state’s pension system.
Putney announced in October that he planned to retire at year’s end, take two months off and return as chief through the August convention.
But State Treasurer Dale Folwell said the law prohibits a government employee from collecting a pension with the “intent or agreement, expressed or implied, to return to service.”
He said Putney’s plan would be “totally in violation of the law that’s been on the books for decades.”
On Friday, Putney said talks with state officials are ongoing. Asked what changed his mind about his retirement, Putney said, “It wasn’t me.”
He said the dispute over his plans had become a “distraction,” adding, “We want to make sure our policies clearly align with their expectations.”
In a statement, Folwell said he was “very appreciative . . . of Chief Putney’s continued service to the people of Charlotte, and working with us and the City of Charlotte to resolve this matter.”
“It would seem to me that the people in Charlotte are very interested in figuring out what’s right, getting it right and keeping it right,” he told the Observer.
Putney’s decision means that there’s no question he’ll be around for the Republican convention, which takes place next August at Spectrum Center.
“Chief Putney’s experience with the 2012 Democratic National Convention and his ongoing involvement with planning for the 2020 Republican National Convention continues to be a tremendously invaluable resource,” said convention spokesman Max Everett. “We are privileged to be working with him and the Charlotte Police as we ready for a historic, world-class event here in the Queen City.”
Confidence in CMPD
Community leaders said they were glad Putney will be around for the convention.
“It’s important we have the chief in place for the lead up and duration of the RNC,” council member Matt Newton said Friday.
Charlotte NAACP President Corine Mack said having Putney oversee the RNC is the city’s best chance at a peaceful convention. She said she expects a tense dynamic between Charlotte citizens and RNC attendants.
“He has very much tried to bring the community and law enforcement together in many ways others have not,” Mack said.
Others said they were confident the department would ensure convention security regardless of the chief’s decision.
“Going into the RNC wasn’t dependent on one person,” Council member Braxton Winston said. “I have confidence in our CMPD and our city overall that they are going to be on call to make sure that this is pulled off in a safe and effective manner.
Dispute over law
Charlotte city leaders have stood by Putney and his retirement plan. They say law enforcement officers retiring and being hired back part-time is common.
Last month the city released an independent legal opinion from the law firm of Poyner Spruill. It said under state law, the “no intent or agreement . . . to return to service” provision does not apply to the city’s plan to rehire Chief Putney for a limited term.”
In a letter to the Treasurer’s office, City Attorney Patrick Baker defended Putney’s plan and said he’s received “substantial input and advice from the (Treasurer’s) staff who were well aware of his objectives.”
“It is our sincere hope and desire that you will reconsider your decision on Chief Putney’s announced retirement plans as we feel strongly that it is in compliance with all applicable (pension) provisions, state law and IRS Codes,“ Baker wrote the Treasurer.
Ahead of Friday’s news conference, city spokeswoman Britt Clampitt told the Observer the city stands by its analysis of state law — even if the state treasurer disagrees. But what happened next, she said, would be up to Putney.
“We’re not in a position to change their mind at this point, and so really now it’s down to the chief — knowing the state treasurer viewpoint — has to make a decision on his own,” she said.
‘Money on the table’
Another part of Putney’s retirement equation is a change in state law that affects his payment.
Based on his service, he’s eligible for a city-paid Special Separation Allowance equivalent to a quarter of his $220,000 salary, or $55,000 a year. If he retires before reaching 30 years of service, he’s eligible to get the allowance in a lump sum. In his case that could be more than $600,000.
Asked Friday if his decision would cost him money, Putney said, “There’s no doubt I’m leaving money on the table.”
Putney has pushed back against criticisms of his retirement plan, saying “If I thought I was doing something inappropriately in the first place, I wouldn’t have done it.”
Putney has been with the department since 1992. Before he became chief in 2015, he served in other roles including deputy chief.
This story was originally published December 6, 2019 at 12:52 PM.
