The order was repealed, but what about the money?

Several times in "Kurier Szczeciński," we've raised the issue of the additional fee for burials on public holidays charged by the Municipal Utilities Company (Przedsiębiorstwo Gospodarki Miejskiej Sp. z o.o.) in Barlinek. They charged it because the fee was recently withdrawn. But what about the money they paid?

As a reminder, the fee for funeral services on non-working days was established by order of the previous president of the Barlinek company. The PLN 900 fee was intended to cover the cost of work on the non-working day. For many people who, for various reasons, had to plan a funeral, even on a Saturday, the additional PLN 900 was a significant expense. When the matter of the additional fee came to light, it turned out, among other things, that Barlinek councilors, who were required to approve any additional fee by resolution, were unaware of it. After the company's replacement, we asked the new president, Magdalena Smorąg, if she had rescinded her predecessor's order. It turned out she hadn't, but legal analyses were underway, and a decision would be made. A few days ago, we were informed that "after considering all legal and organizational aspects, the decision was made to rescind the order." Unfortunately, the fate of the money the company collected from those who organized funerals on Saturdays remains unclear. If the order was rescinded, should the money be refunded? According to information received by our editorial team from one of our readers, he contacted PGK Sp. z o.o. regarding the legal basis for charging him for access to the cemetery on Saturday. He emphasizes that the order was not approved by the councilors. In response, he was informed that, according to a resolution of the City Council, funerals are held only on weekdays. In particularly justified cases, with the consent of the hospital administrator and after payment of the appropriate fee, funerals can be held on other days. The administrator agreed to the burial on Saturday and collected the appropriate fee, in accordance with the order of the previous president of PGK Sp.

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That's all I said in response to our reader, among other things. Doubts remain. The resolution does indeed stipulate that an additional fee will be charged for a burial on a public holiday. However, the amount is not specified. Hence, the assumption is that it could have been 100 złoty, or 900 złoty. 900 złoty was charged because that was the previous president's decision. On what basis and why was this not submitted to the councilors for approval? Was this fee legally binding? If the City Council didn't approve it, shouldn't it be refunded to those who paid? Or perhaps a simple: "We apologize, we were at fault. We will calculate the costs of a burial on a public holiday, propose an amount, and submit it to the City Council for approval?" ©℗

Text and photo: J. SŁOMKA