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I had a play last night in my softball league. I was doing the book for the game. Ground ball to the 3rd baseman. 3rd baseman makes a perfect throw to 1st. 1st baseman catches the ball but failed to have his foot on the base and the batter/ runner was safe. There was a disagreement on weather or not this is an error. I argued that it was an error on the 1st baseman, but a league commish said it is not an error. I should note that the batter/ runner would have been out by 3 steps had the 1st baseman touched the base, so it was not a bang bang play. I am curious how this should be scored?

Given your description, it is an error. Not having your foot on the bag is a physical misplay. You could call it a mental error, but it was the physical act of putting the foot down off the bag which makes it an error. E3.

Thats what I thought. To be clear, as the 1st baseman was receiving the ball, his foot was not on the base as a 1st baseman's foot typically is when making a play at 1st. He had plenty of time to establish contact with the base to get the out but failed to do so.

echo petroguy E3

For a more precise interpretation, MLB Rules 9.12.a.3

(a) The official scorer shall charge an error against any fielder:

(3)

• when such fielder catches a thrown ball or a ground ball
  in time to put out the batter-runner and fails to tag first
  base or the batter-runner;