The Ohio Ethics Commission (the “Commission”) issued Advisory Opinion No. 2025-02 (the “Opinion”) on August 4, 2025, clarifying whether public officials and employees may personally use frequent flyer miles or other rewards points, including credit card rewards and hotel points, accrued during official business or travel. Ultimately, the Opinion removes restrictions on personal use of frequent flyer miles, consistent with the guidelines already in use by the federal government and many other jurisdictions, including New York, California and Texas.
These guidelines apply to all individuals who are elected or appointed to, or employed by, any public agency, including any state agency, county, city, township, school district, public library and regional authority; however, this is not an exhaustive list. Additionally, these guidelines apply to individuals whether they are (1) paid or unpaid, (2) working in full-time or part-time positions or (3) serving in temporary or permanent positions within the public agency.
In sum, the Commission states that public officials and employees may personally use frequent flyer miles or other rewards points earned during official business or travel if (1) the rewards are earned the same way as members of the public would earn them and (2) the use of such rewards imposes no additional costs to the applicable public agency. However, public officials or employees are not permitted to choose a particular airline, vendor or service for the sole purpose of receiving frequent flyer miles or similar rewards. Additionally, a conference, event or group travel planner is prohibited from personally using frequent flyer miles, credit card rewards, hotel points or other rewards earned in connection with booking a conference, event or group travel.
In light of frequent flyer miles and other loyalty programs becoming more commonplace, and seemingly unavoidable, the Commission acknowledges that, in addition to better aligning itself with the federal government’s policies, removing such restrictions on frequent flyer miles and other similar rewards programs will increase administrative efficiency by removing the need to track rewards on an individual basis. The federal government has allowed federal employees to retain any “promotional items” earned during official business or travel since 2002, so long as they comply with the above-listed guidelines.
The Commission also acknowledges that frequent flyer programs are not contrary to ethics laws under the Revised Code. For instance, the rewards earned through these programs do not constitute improper influence because they accrue automatically and are available to all customers. Additionally, the benefits received from such programs are generally minimal. More specifically, frequent flyer programs differ from traditional fringe benefits and, thus, do not constitute unlawful, supplemental compensation for the performance of the public employee’s duties pursuant to R.C. 2921.43(A)(1). Frequent flyer miles are offered as customer incentives–not as part of an employer’s compensation package. The rewards are linked to a customer’s personal loyalty account through the airline and have no direct connection to any employee benefits, nor are the benefits awarded at the direction of the employer. Thus, R.C. 2921.43 does not prohibit the personal use of frequent flyer miles accrued by a public official or employee while on official business or travel.
These guidelines represent the minimum standards that public officials or employees must follow to avoid violating criminal laws. Public agencies may choose to adopt stricter policies or rules, including banning their employees from personally using frequent flyer miles or other rewards points accrued during official business or travel. The Commission recommends that every public agency adopt its own travel rules, specifically those ensuring that public officials and employees select the lowest reasonable rates that satisfy the agency’s needs.
This Opinion overrules Advisory Opinion No. 91-010, which restricted the personal use of frequent flyer miles accrued during official business or travel, and Informal Advisory Opinion No. 2003-INF-0224-1, which distinguished credit card rewards points from frequent flyer miles.
All information contained herein can be found in Advisory Opinion No. 2025-02.