Boise Ethics Commission declines advisory-opinion request on tipping at Warm Springs Golf Course

The City of Boise Ethics Commission on Sept. 11, 2025, voted unanimously to decline a request for an advisory opinion on whether permitting tipping for employees at the Warm Springs Golf Course clubhouse and restaurant would violate the city ethics code.

The request, made by Boise Parks and Recreation, asked whether allowing tipping — including card-based tip lines and pooled tips — would conflict with Section 1.1-8-5(b) of the City of Boise ethics code, which the commission cited as prohibiting officials from receiving or soliciting money in addition to wages or salary.

Patrick, who identified himself as the human resources business partner supporting Parks and Rec, told the commission the department seeks a more robust clubhouse and restaurant at Warm Springs that can also serve as an event space. He said the department's request reflects staffing and competitiveness concerns and that the current point-of-sale system has a tip option that is now disabled. “My understanding is that all tips of all varieties would be recorded,” Patrick said, and the department expects tipping to be either pooled or otherwise included in official compensation if it proceeds.

Commissioners framed the question narrowly as an ethics-code issue rather than a policy or tax determination. Commissioner Hurwitz said the commission’s role is whether the city’s intent violates the ethics code and read the section aloud: the code “prevents city officials from receiving or soliciting any money in any amount in addition to that received as wages or salary by the city official.” Hurwitz noted a possible semantic gap because IRS reporting treats tips as income but the code text as read does not explicitly list tips alongside wages or salary.

Commissioner Church expressed concern about the practical implications for employees — particularly younger workers — if cash tips were not recorded, asking, “how do you break this down into a job description?” Commissioner Zimmerman said either raising hourly pay or permitting tips could help reduce turnover and keep the facility operating reliably.

Commissioners and staff agreed the most straightforward approach, if the city chooses to proceed, would be for Human Resources to define tipping as part of official compensation so it falls under the ethics code and is reported. Patrick said human resources would be heavily involved in any rollout and that details such as whether cash tips would be banned had not been finalized. The commission also discussed unresolved tax-reporting questions and said those are not within the commission’s typical purview.

After discussion, Commissioner Church moved to decline the advisory-opinion request; Commissioner Howarth seconded. The commission voted 4–0 in favor with one commissioner absent. The motion to decline carried.

Staff told commissioners they would check whether a written determination or a draft explaining the commission’s reasoning should be issued to the Parks and Recreation requester and offered to prepare a draft for commissioners to review at a future meeting if that was the body’s wish. The commission did not issue an advisory opinion at the Sept. 11 meeting and did not adopt or authorize a tipping policy.