On August 4, 2025 the Ohio Ethics Commission (OEC) issued an opinion stating that public officials or employees could use frequent flyer miles and other rewards earned during official business for their own personal use. The entire opinion may be found here: Adv. Op. No. 2025-02.
In prior opinions, the personal use of frequent flyer miles while permitting public officials to use credit card points and hotel rewards was restricted. The revised interpretation will bring Ohio in line with similar federal guidance. All rewards programs will now be treated the same by the OEC. The Commission expressed its hope that the new interpretation will clear up confusion for public agencies and reduce administrative burdens associated with enforcing the rule.
Under the revised standard, Ohio public officials or employees may use frequent flyer miles, credit card rewards, hotel points, or other rewards earned while on official business in their personal life, provided that:
- The rewards are earned in the same way as members of the public would have earned them; and
- The rewards do not impose additional costs on the public agency.
However, a public official or employee is still prohibited from choosing an airline, vendor, a conference, event, or service based on whether it provides frequent flyer miles or other rewards points.
Under Ohio’s conflict of interest laws, public officials are prohibited from soliciting, accepting, or using their authority or influence to secure any financial benefit for themselves. R.C. 102.03(D) and (E). While frequent flyer miles constitute a “thing of value” for Ohio ethics law purposes, the OEC does not believe the value is significant enough to impair the public official’s independent judgment. Because the frequent flyer miles are broadly available to all passengers, are uniformly accrued, and are not being offered to officials for performing their official duties, the OEC maintains that the programs do not create a “substantial and improper influence” upon the public official’s judgment.
Similarly, public officials may not have an interest in the profits or benefits of a public contract, and the public agency’s purchase of a flight would be a public contract. R.C. 2921.42(A)(4). Public officials would have an interest in the contract with the airline based on the frequent flyer miles they are receiving, but the OEC points out that the benefit is relatively small and that it would be more administratively efficient to allow officials to use these programs compared to the cost of preventive measures. To minimize the risk to the public, the OEC’s new position still prohibits public officials from selecting a specific airline based on the frequent flyer miles they would receive from the flight.
What does this mean for your district? School board members and district employees may now keep and personally use frequent flyer miles earned during official travel, and Ohio law no longer differentiates between airline miles and other rewards programs such as credit card or hotel points. However, public officials and employees are still limited in the selection process, as the Commission specifically notes that vendors may not be selected based on the rewards provided, and there must be no additional costs imposed on the district.