DAPHNE, Ala. — The Daphne City Council voted 5-2 to set the salary of the city prosecutor at $30,000 plus $100 per hour for appeal work, not to exceed $40,000.

Jim Scroggins was under contract with the city as the prosecutor since May 2010, but after the city reduced the municipal judge’s salary, the council terminated Scroggins’ contract.

Council members Cathy Barnette and Derek Boulware voted against the motion. Barnette tried to amend the motion to set the salary at $38,000 with no appeal work additions, but the motion to amend was voted down.

“I think 30,000 is too low and I don’t want to encourage appeal work,” Barnette said.

“The council seemed to have a concern that we didn’t want to pay the prosecutor more than the judge. I don’t want to have a benefit for having appeals. One of the criticisms of the Daphne courts is the number of appeals.”

“I have the utmost respect for Mr. Scroggins, but since we set the salary for the judge at $35,000, I didn’t feel the prosecutor should be compensated for more than the judge,” Boulware said. “It could max out at $40,000 and it would be more than the judge’s, and my thinking is that is what will happen. No offense to Mr. Scroggins, but the reality is, he will be paid more than the judge is.”

Some council members liked the appeal package offered, and they think it is a way to keep Scroggins on board.

“There was some concern that we were paying the judge less than the prosecutor, but I think it’s apples and oranges,” Councilman Ron Scott said “We had an awful lot of appeals, and that’s because (former muncipal) Judge Doyle gave a lot of jail time for things that other places don’t.

“I was concerned that we had a new judge and I didn’t think we needed a new prosecutor, and (Scroggins) indicated he would accept the $40,000 package.”

The city prosecutor’s salary was previously set at $49,000.

The council will present the new salary in a new contract to Scroggins after 30 days passes from when they terminated the previous contract. They terminated the contract at the Sept. 7 council meeting.

“Once the 30 days passes, we can begin discussing a new contract,” Palumbo said.

Kenneth Hitson was appointed the new municipal judge in August. The judge’s salary is $35,000 per year, which is lower from the $49,000 range in previous terms.

Scott opposed lowering the judge’s salary in August.

“In order to keep a safe community, the municipal judge and the city prosecutor are critical positions, and I don’t think we need to have anything but the best possible people in those positions,” Scott said. “To save a few thousand dollars and put the citizens at risk is not the best move in my opinion.”