CHARLOTTE, N.C. — NBC Charlotte has learned the plan for the Charlotte-Mecklenburg Police chief's retirement plan may not be legal.

Earlier this week, Chief Kerr Putney announced he would retire on January 1 then come back two months later to work through the Republican National Convention in August.

"January 1, 2020, I'm going to retire," Putney said. "In normal fashion just like everybody else though, I'm not quite done."

The chief himself announced it on YouTube.

"The city manager has decided he's gonna hire me back," he said.

RELATED: Charlotte city leaders review Chief Putney’s retirement plans

The city put it black and white in a news release. But the public announcement could stop his retirement plans in their tracks.

"There are clear laws on the books," said State Treasurer Dale Folwell.

The law that defines retirement says, "complete separation from active service with no intent or agreement, expressed or implied, to return to service."

The chief certainly expressed that plan outright -- saying he's retiring but returning as chief again come February to help the city search for a new top cop and manage the RNC coming to town later in the year.

RELATED: Chief Putney's retirement raises questions about policies under review

"When there is a press release and a YouTube video that talks about a person's intent and we start getting calls about what's going on, it's something we obviously have to start looking into," Folwell said.

The city of Charlotte is now scrambling to find out what this means for the chief's plans. 

Retiring and returning is not uncommon, but announcing it is -- at least statewide. City officials insisted there have been plenty of people who retired, were rehired, and announced it in advance.

The state treasurer's office is now in conversations with the city to find out how many others may have done this.

RELATED: CMPD Chief Kerr Putney to retire at end of year

"We sympathize with all of our law enforcement especially in instances where they may have gotten bad information," Folwell said.

He added they don't want people to lose out on their pension, but the law is the law.

"When we say the word no, that can be spelled no or know. we want them to know. We're not saying no because we can; we're saying know because of what we're supposed to do as keepers of the public purse," Folwell said.

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