Election 2010

A comeback for Toback?

Former legislator challenges Assemblyman Weisenberg in Democratic primary

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South Valley Stream residents, represented by Jeff Toback in the Nassau County Legislature for 10 years, could be served by him again — this time in the state Assembly. Toback has entered the Democratic primary against incumbent Assemblyman Harvey Weisenberg, vying for the seat Weisenberg has held for two decades.

Toback, who lost his seat in the county Legislature to Republican Howard Kopel in last November’s election, announced his plans to run earlier this year. But now he has begun going on the offensive against Weisenberg, who has been the Assembly’s District 20 representative for 21 years.

“After 21 years in office, I think Harvey has lost sight of what’s important to the people in the 20th Assembly District,” Toback said. “And the No. 1 item is school taxes. He does a bad job of bringing home state aid to the school districts in the 20th Assembly District. And that’s why our property taxes are so high.”

Toback said that, if elected, he would make lowering property taxes his main priority. “[Weisenberg] hides behind a formula that he says I don’t understand,” Toback said. “Well, I’ll tell him that if I’m in office for 20 years and there’s a formula that punishes the people in my district thousands of dollars every year, and I can’t fix it, I would say vote for the other guy.”

For his part, Weisenberg took umbrage with Toback’s accusations.

This is so far from the truth,” he said. “The answer really is, if you talk to any superintendent, there isn’t a stronger advocate for education on Long Island than I am.”

Weisenberg cited the discretionary money — funds that state

representatives get to spend in their own district — that he has given to schools over the years. And as a former teacher, he said, he understands what schools need and tries to help. Specifically, he directs money to special education programs, being the father of a special-needs child himself.

Toback’s other focus — the centerpiece of an ad campaign he has started — is the fact that Weisenberg is receiving a pension for his time in the Assembly while he is still working and receiving a salary.

“Another thing that Harvey has done — while he doesn’t fight for the taxpayers, he certainly fights hard for himself,” Toback said. “He’s the second-highest-paid legislator in Albany, when you take into account the pension that he’s receiving for his 21 years in the Assembly and the salary he’s getting.”

It was revealed a year ago that Weisenberg is one of a handful of state politicians that simultaneously collect a pension and a salary for the same job. Weisenberg was a key sponsor of legislation to prevent just such a situation, but was grandfathered in because of his time in the Assembly.

“I pledge to the residents of the 20th Assembly District that I’m going to put their needs above my own personal needs,” said Toback. “While 35 percent of the construction workers in Nassau County are unemployed, I find it hard to believe that elected officials are taking two salaries for the same job and defending their right to do it.”

Weisenberg does defend his right to collect a pension, saying that financial advisors in the comptroller’s office suggested he do so. “Ten years ago, I legally could have retired and kept my job and salary,” he said. “I never even thought about it. I [asked the advisor], ‘If I die, does my wife get a pension?’ And he said, ‘No. You have to retire in order to have a pension.’ So the expert strongly advised me to retire to protect my wife and children in the event of my death. Nobody said there was anything wrong with this. I certainly earned it.”

The district includes the Mill Brook of area of Valley Stream, as well as the neighborhoods by South High School and Ogden Elementary School. Its registered Democrats will be able to cast their votes in the primary election on Sept. 14.