TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL ...

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1 of 3 TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California DANIEL E. LUNGREN Attorney General ______________________________________ OPINION :
: No. 97-301 of :
: June 9, 1997 DANIEL E. LUNGREN : Attorney General :
: ANTHONY M. SUMMERS : Deputy Attorney General :
: ______________________________________________________________________ THE HONORABLE DICK ACKERMAN, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Does a forfeiture of office result if a public official, in exchange for "frequent-flier" miles earned by the official without regard to his or her status as an officeholder, accepts (1) an airline ticket for
personal use, (2) an airline ticket for use by a family member, or (3) an annual airline pass for use by a family
member? CONCLUSION A forfeiture of office does not result if a public official, in exchange for "frequent-flier" miles earned by the official without regard to his or her status as an officeholder, accepts (1) an airline ticket
for personal use, (2) an airline ticket for use by a family member, or (3) an annual airline pass for use by a
family member. ANALYSIS California Constitution, article XII, section 7 provides in pertinent part: "A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer, other than a
Public Utilities Commissioner, shall work a forfeiture of that office. . . ." We are asked whether this provision will cause the forfeiture of an office if the officeholder exchanges
"frequent-flier" miles earned by the official without regard to his or her status as an officeholder to obtain
airline tickets or passes for personal use or for the use of a family member. We conclude that the
constitutional provision would be inapplicable in the described circumstances. The "frequent-flier" program in question gives "miles" for paid travel on the airline. Additional miles are earned by paying for the tickets with a particular credit card. Miles are also given for 2 of 3 obtaining related travel services from "partners" of the airline such as designated car rental companies and
hotels. Bonus mileage may be earned by flying specified routes or traveling during designated periods. The
"awards" are free annual passes or tickets, fare discounts, and upgrades in class for the traveler or his or her
family member. The awards are granted according to a published schedule and solely for the number of miles
flown or goods or services purchased. The constitutional forfeiture provision would appear at first glance to be straightforward and free of ambiguity. A public official may not accept a free pass or discount for personal use or use by a family
member from a transportation company without forfeiting his or her office. An airline is a "transportation
company" for purposes of the prohibition. (67 Ops.Cal.Atty.Gen. 81, 83 (1984); see Pub. Util. Code,

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