THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER ASKING FOR AN OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION:
MAY A STATE EMPLOYEE OR OFFICER OF THE STATE, OR AN OFFICER OF ANY OF THE STATE'S SUBDIVISIONS, ACCUMULATE FOR HIS PERSONAL USE "FREQUENT FLYER" CREDITS AS A RESULT OF TRAVEL MADE ON OFFICIAL GOVERNMENT BUSINESS PAID FOR BY THE STATE OR ONE OF THE STATE'S SUBDIVISIONS? (AIRLINE TICKETS)
IN RESPONDING TO YOUR QUESTION, WE HAVE RELIED ON INFORMATION GATHERED INFORMALLY BY US, INCLUDING INFORMATION REGARDING THE DIFFERENCES BETWEEN FREQUENT FLYER PROGRAMS AMONG THE AIRLINES. FURTHER, WHILE THERE ARE SOME STATUTES RELEVANT TO THE ISSUE OF WHETHER STATE OFFICERS OR EMPLOYEES MAY ACCUMULATE FREQUENT FLYER MILES FOR THEIR OWN BENEFIT WHEN TRAVELING ON STATE BUSINESS, YOUR QUESTION ALSO INVOLVES PRACTICES IN COUNTIES, MUNICIPALITIES, AND OTHER SUBDIVISIONS. ITS RESOLUTION WOULD, THEREFORE, REQUIRE A DETAILED REVIEW OF THE VARIOUS POLICIES AND ORDINANCES OF THESE SUBDIVISIONS. SUCH AN ANALYSIS IS OUTSIDE THE SCOPE OF AN OFFICIAL ATTORNEY GENERAL OPINION. ACCORDINGLY, WE ARE PROVIDING OUR ANSWER TO YOUR REQUEST BY MEANS OF THIS INFORMAL LETTER, RATHER THAN AN OFFICIAL ATTORNEY GENERAL OPINION.
PRIOR TO A DISCUSSION OF THE RELEVANT LEGAL ISSUES, HOWEVER, IT MIGHT BE HELPFUL TO PROVIDE A BRIEF REVIEW OF AIRLINES' MARKETING PROGRAMS KNOWN AS "FREQUENT FLYER" PROGRAMS. WE HAVE LEARNED FROM REPRESENTATIVES OF THE AIRLINE INDUSTRY THAT FREQUENT FLYER PROGRAMS WERE DESIGNED BY THE AIRLINES TO ENCOURAGE INDIVIDUAL CUSTOMER'S LOYALTY TO A PARTICULAR AIRLINE. NORMALLY, AN INDIVIDUAL WHO JOINS AN AIRLINE'S FREQUENT FLYER PROGRAM RECEIVES AN ACCOUNT NUMBER, WHICH IS CREDITED WITH EARNED FREQUENT FLYER MILES WHEN THAT INDIVIDUAL FLIES ON THAT AIRLINE, REGARDLESS OF WHETHER HE OR HIS EMPLOYER HAS PAID FOR THE TICKET. WHEN SUFFICIENT FREQUENT FLYER MILES ARE EARNED BY THAT INDIVIDUAL, HE IS ALLOWED TO UPGRADE TO A BETTER CLASS FREE OF CHARGE, OR TO FLY TO PARTICULAR DESTINATIONS WITHOUT CHARGE.
THE AIRLINES DIFFER IN THEIR POLICIES CONCERNING TRANSFERABILITY OF EARNED FREQUENT FLYER MILES. ONE AIRLINE, FOR EXAMPLE, RESTRICTS USE OF FREQUENT FLYER MILES TO INDIVIDUALS LIVING IN THE SAME HOUSEHOLD AS THE PASSENGER WHO EARNED THE CREDITS THROUGH HIS OR HER OWN TRAVEL. OTHER AIRLINES PERMIT TRANSFER OF FREQUENT FLYER CREDITS TO OTHER INDIVIDUALS, PROVIDING THAT NO COMPENSATION IS PAID FOR THOSE CREDITS. HOWEVER, WE HAVE BEEN TOLD THAT BECAUSE THE PURPOSE OF THE FREQUENT FLYER PROGRAMS IS TO ENCOURAGE INDIVIDUAL CUSTOMER'S LOYALTY TO AN AIRLINE, TRANSFER OF CREDITS TO CORPORATE OR GOVERNMENTAL EMPLOYERS IS GENERALLY NOT PERMITTED BY ANY AIRLINE.
WE HAVE LEARNED THAT IT IS HIGHLY UNLIKELY THAT AN AIRLINE WOULD GIVE THE STATE OF OKLAHOMA OR ANY OTHER PRIVATE OR GOVERNMENT EMPLOYER A FREQUENT FLYER ACCOUNT NUMBER AND PERMIT THE STATE OR GOVERNMENTAL EMPLOYER TO POOL ALL FREQUENT FLYER MILES EARNED WHILE ON STATE BUSINESS.
WITH THIS BACKGROUND IN MIND, WE TURN FIRST TO A CONSIDERATION OF ARTICLE XV/SECTION 1 AND 51 O.S. 2 (1981) (PRESCRIBING THE OATH OF OFFICE FOR PUBLIC OFFICIALS). THAT OATH REQUIRES THAT OFFICERS OF THE STATE AND OTHER POLITICAL SUBDIVISIONS, AS