A quirk in county code, coupled with salary limits set by the Hawaii County Salary Commission, has Big Island Prosecutor Jay Kimura seeking changes to protect his deputies -- in the event he doesn't seek re-election in 2012.

Kimura, the longtime prosecutor who ran unopposed last year, told Stephens Media this week that it's too early to say whether he's running for another four-year term. But he said he's been in discussions with the mayor's office seeking support for a change in the maximum salary for an entering county prosecutor.

"We need to set a more stable salary schedule," Kimura said. "Our deputies, with their experience level, are certainly an asset to the county."

The salary schedule set by the Salary Commission requires a newly elected county prosecutor and newly appointed corporation counsel to start at Step A, the lowest level of the salary range set for that position.

"My preference is to go back to a set amount," Kimura said.

Article 26 of County Code, meanwhile, states that salaries of deputy prosecuting attorneys and corporation counsel deputies must be between 50 percent and 90 percent of the salary of either the prosecuting attorney or corporation counsel, whichever is higher.

Kimura makes about $115,000 following the 3 percent step increase he received the week before the Salary Commission froze all step increases for top county officials Dec. 10.

Corporation Counsel Lincoln Ashida makes $99,000 -- less than 11 of his 13 deputies.

The deputies earn more because their salary is set by how much the prosecuting attorney makes, since he makes more than the corporation counsel.

Ashida said he took a $6,000 pay cut when he was appointed corporation counsel, but it doesn't bother him that his deputies are making more than he is.

"I don't have a problem with that," Ashida said. "They work hard. If you look at what private-sector attorneys make, we're all making much less. ... But to me, there are more important things than the money."

Kimura doesn't want the 32 deputies in his department to have their salaries rolled back if a new prosecutor takes office.

But he said considering the current state of the county budget, he knows his hopes for changes might be a long time coming.

"I've been in discussions with the mayor's office, and there will be continued discussions," Kimura said. "It's sort of on the back burner right now because of the other issues."