Looks like Bob Brady stays on the ballot. (Check out the decision for yourself, above).
A decision from Judge Dan Pellegrini affirms the decision of Common Pleas Court Judge Patrick J. Toole to keep Bob Brady on the ballot.
Barring an appeal to the Supreme Court (which may not even happen) voters will get a chance to vote for Bob Brady on May 15.
As to the biggest contention of the appeal — that Brady's erred by not reporting the money paid into a pension for him by the local carpenters' union — the appeals court ruled that the instructions on the financial disclosure form are different than what is contained in the Ethics Act.
The court ruled that the FIS instructions "do not include the language 'thing of value received.' They only require the candidate to list sources of income greater than $1,300, including any payment, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rental income, capital gain, reward, severance payment, prize winning and tax exempt income. Because Candidate did not receive any payment of those types of income — only an increase in years of service to the pension fund — he did not receive any of the listed items that the Ethics Commission directed that a candiate had to report in Box 10 of the FIS. Because a candidate may reasonably rely on the instructions given to him on what is reportable income, it is neither a fatal defect to the petition nor a violation of the Ethics Act when a candidate fills out the form in accordance with those instructions."
The decision also takes a broad look at the increasing number of challenges to financial disclosure forms.
"Either we should go back to the view enunciated In re Nomination Petition of Anastasio that all defects are fatal or we should allow, as suggested by the trial court, liberal amendment of the FIS. Either way, candidates will then be treated the same and the outcome will not be dependent on the unique factual circumstances of each case that requires judges to find whether a candidate's failure to dislose crosses some unknown line."