PUBLIC AFFAIRS UNDER WHICH FARES FOR AIR TRAVEL ARE OBTAINED AT THE "LOWEST AVAILABLE FARES" FOR COMMERCIAL AIR TRAVEL. ID.
THUS, UNDER CORRECT APPLICATION OF CURRENT LAW, STATE OFFICIALS AND EMPLOYEES WILL ORDINARILY NOT BE REIMBURSED MORE THAN COACH FARE WHEN THEY PAY FOR THEIR OWN TICKETS, AND STATE AGENCIES CANNOT PAY MORE THAN THE "LOWEST AVAILABLE FARE" WHEN THEY PURCHASE TICKETS. COMPLIANCE WITH THESE STATUTES ENSURES THAT AN EMPLOYEE CANNOT DELIBERATELY MAXIMIZE HIS AWARD OF FREQUENT FLYER MILES BY ARRANGING FOR THE STATE TO EITHER REIMBURSE EXPENSES THAT EXCEED THE ACTUAL COACH FARE, OR TO PURCHASE TICKETS FOR GREATER THAN THE PRICE FOR "THE LOWEST AVAILABLE" FARE. FURTHER, SINCE REIMBURSEMENT OR PURCHASE OF AIRLINE TICKETS CAN ONLY BE PROVIDED WHEN EMPLOYEES ARE REQUIRED TO TRAVEL IN THE COURSE OF THEIR OFFICIAL DUTIES, COMPLIANCE WITH EXISTING LAW INSURES THAT STATE OFFICIALS AND EMPLOYEES CANNOT LAWFULLY UNDERTAKE UNNECESSARY STATE TRAVEL TO INCREASE THEIR PERSONAL FREQUENT FLYER CREDITS.
AS DISCUSSED PREVIOUSLY, FREQUENT FLYER MILES ARE AWARDED TO INDIVIDUALS PARTICIPATING IN AN AIRLINE'S FREQUENT FLYER PROGRAM, REGARDLESS OF WHETHER THEIR TRAVEL IS PAID FOR BY THEIR GOVERNMENTAL OR PRIVATE EMPLOYERS, OR PAID FOR BY THEMSELVES. THUS, IN THE NORMAL OPERATION OF AN AIRLINE'S FREQUENT FLYER PROGRAM, THERE WILL NOT BE A POSSIBILITY OF A THE AWARD OF FREQUENT FLYER MILES IN EXCHANGE FOR A SPECIFIC COMMITMENT BY AN OFFICIAL TO PERFORM, OR NOT TO PERFORM, AN OFFICIAL DUTY. WHILE THE ISSUE IS NOT DIRECTLY RAISED BY YOUR OPINION REQUEST, WE WOULD NOTE, HOWEVER, THAT IF AN AIRLINE MADE A SPECIFIC OFFER TO A STATE EMPLOYEE OF FREQUENT FLYER BENEFITS, IN ADDITION TO THOSE NORMALLY PROVIDED IN ITS PROGRAM TO INDUCE THAT EMPLOYEE TO PERFORM OR NOT TO PERFORM AN ACT RELATING TO HIS DUTIES, THE ACCEPTANCE OF SUCH A BENEFIT WOULD VIOLATE THE OKLAHOMA COMPLIANCE AND ETHICAL STANDARDS ACT, 74 O.S. 4200/74 O.S. 4241 (1990), AND, IF THE STATE EMPLOYEE WERE ALSO AN OFFICER, DEPUTY OR ASSISTANT TO A STATE OFFICER, THAT INDIVIDUAL WOULD ALSO VIOLATE HIS CONSTITUTIONAL AND STATUTORY OATH OF OFFICE.
AS WE HAVE SEEN, THE CORRECT APPLICATION OF CURRENT LAW SHOULD ELIMINATE THE POSSIBILITY OF ABUSE WHEN STATE OFFICIALS RECEIVE FREQUENT FLYER MILES FOR TRAVEL ON STATE BUSINESS. EMPLOYEES OF COUNTIES AND OTHER POLITICAL SUBDIVISIONS OF THE STATE ARE NOT GOVERNED BY A COMPREHENSIVE STATUTE OF UNIFORM STATEWIDE EFFECT GOVERNING THE USE OF PUBLIC MONIES FOR AIRLINE TRAVEL. WHETHER AN OFFICER OR EMPLOYEE OF A COUNTY OR POLITICAL SUBDIVISION OF A STATE IMPROPERLY ACCUMULATES FREQUENT FLYER MILES WHEN TRAVELING ON OFFICIAL BUSINESS WOULD HAVE TO BE DETERMINED BY REFERENCE TO THE SPECIFIC ORDINANCES AND REGULATIONS IN EFFECT IN THAT POLITICAL SUBDIVISION. NOTHING, HOWEVER, WOULD PRECLUDE A POLITICAL SUBDIVISION FROM ADOPTING POLICIES TO ELIMINATE THE POSSIBILITY OF ABUSE WHEN PUBLIC EMPLOYEES TRAVEL ON OFFICIAL BUSINESS.
(ROBERT A. BUTKIN)