Here’s how the news broke today about Teresa Luna’s impending resignation as state Department of Administration director: Melissa Davlin of Idaho Reports had been going through official records on the reappointment of Gov. Butch Otter’s cabinet members for the governor’s third term, and found two missing: Luna, and Idaho State Police Director Col. Ralph Powell. You can read Davlin's full report here at her Idaho Reports blog. While Luna’s at the center of the Idaho Education Network mess, Powell’s been enmeshed in the problems over the Corrections Corp. of America’s now-ended contract to operate the state’s largest prison, which ended amid allegations of over-billing and understaffing with a $1 million settlement.

The other top administration officials were reappointed and their reappointments confirmed by the Senate during this year’s legislative session. Davlin reports that there are questions about the time lags, and whether Luna and Powell are actually legally serving in their offices without the reappointments – a big question since recent months have seen some big decisions, including Luna’s decision on Feb. 27 to declare an emergency and sign a $1.88 million no-bid contract with CenturyLink to continue providing broadband service to 21 state agencies after the demise of the IEN. “This is an area that, in my opinion, the statute is not a model of clarity,” Senate Majority Leader Bart Davis, R-Idaho Falls, told Idaho Reports. Davis said he’s been in talks with David Hensley, Otter’s chief of staff, on interpretations of the law concerning appointments.

This week, Davlin reported, the Senate passed a bill that would tighten the timetable on gubernatorial appointments.  SB 1112, sponsored by Davis, would require the governor to submit documents for re-appointment by the 36th day of the following year's legislative session. That bill passed the Senate unanimously yesterday, and is now heading to the House. Otter's office had no comment on Powell's status.