Brenda Macon divorces her hubby, leaves her job & moves to another state

Brenda Macon, the former Executive Director of Durango Arts Center, has divorced her husband Todd Macon, left her job as the Director and moved to another state.

Brenda Macon, left, and Todd Macon, right.

Also, Todd Macon sued Brenda, Brenda’s father James Burger, and the trust who Todd entered into an Agreement with regarding the eventual home sale proceeds.

Together, Brenda and Todd Macon moved into a house on Ophir Drive in 2013. That house was owned by Brenda’s father, James Burger.

In 2019, Brenda’s mom, Nancy Burger, prepared a document where the Burger’s and the Macons specified “their rights regarding their respective interests in the Property.”

What’s relevant about this Agreement was its stipulation that upon sale of the home, a payment of the remaining balance in equal shares would be made to Burger and Macon.

“Upon the sale of 39 Ophir, the sale price was to be distributed first to pay the costs of the sale; next for payment of outstanding taxes, assessments, and liens; next, to reimburse the Burgers or the Trust the $353,000 down payment; next, to reimburse any advancements made by Burger to Macon or vice versa and to reimburse Burger for any tax liability arising from the sale; and, finally, for payment of the remaining balance in equal shares to Burger and Macon,” according to the Agreement.

Burgers signed the agreement, for themselves and for the Trust, on or about September 30, 2019, according to the Agreement.

At a later date, Brenda Macon signed the Agreement, backdating her signature to September 30, 2019, according to Todd Macon’s Civil Complaint. At Todd Macon’s direction and consent, Ms. Macon also signed Todd Macon’s name to the Agreement and backdated that signature to September 30, 2019, according to Todd Macon’s Civil Complaint.

Todd Macon’s Complaint appears to detail how Brenda Macon attempted to change the terms of the Agreement before the sale of the home occurred.

On or about September 22, 2023, Brenda Macon prepared and delivered a letter to the Burgers expressing appreciation for the “[A]greement [the Burgers] carefully drafted in 2019,” and asking the Burgers to “accelerate the beneficiary component of th[at A]greement via a Quitclaim Deed, specific to transferring ownership of the house either to [the Macons] or to the Todd & Brenda Macon Trust.”

It’s unclear where in the Agreement it is that Brenda Macon believes that a beneficiary component exists that would transfer “ownership of the house either to the Macons or to the Todd and Brenda Macon Trust.”

“Shortly afterward, Ms. Macon prepared and delivered a second letter setting forth additional proposals: adding the Macons to the title to 39 Ophir; allowing the Macons to buy out the Trust’s interest in 39 Ophir; selling 39 Ophir and dividing the proceeds as provided in the Agreement; or having the Burgers buy out the Macons’ equity in 39 Ophir, according to the Complaint.

The Burgers and the Macons met in person, in late September or early October 2024, to discuss the options Ms. Macon had proposed. The Burgers declined each option for reasons including their concern that a recorded transfer of interest in 39
Ophir to the Macons could accelerate their mortgage loan. However, the Burgers confirmed they would to honor the Agreement upon the eventual sale of 39 Ophir.

Shortly after that meeting, Ms. Macon announced her intent to dissolve her marriage to Mr. Macon.

Mr. Macon moved out of 39 Ophir in December 2023.”

Specifically, Brenda filed a Petition for Divorce on January 24, 2024.

Over time, the Burgers allegedly communicated to Todd Macon through Brenda Macon that they did not intend to perform under the Agreement, Mr. Macon’s Complaint said.

“Subsequently, the Burgers and Ms. Macon jointly retained counsel and again advised Mr. Macon, through counsel, that they consider the Agreement unenforceable and maintain that Mr. Macon holds no equity in 39 Ophir,” the Complaint said.

Ultimately, Todd Macon is requesting that the Court issue a judgement declaring the Agreement for Ophir Drive between James M Burger and Nancy M Burger, the James Burger Trust, Todd Macon and Macon is a valid and enforceable contract that is compliant with the statute of frauds, which grants to Todd and Brenda Macon a marital interest in fifty percent of the proceeds of any future sale of the property after those deductions provided for in the Agreement.

UPDATE: the case was settled out of court. The terms of the settlement were not available through court records.

Brenda Macon directed legacy of government reliance, discrimination & dishonesty

During her employment as the Executive Director of Durango Arts Center, Brenda Macon perpetuated a culture of discrimination and reliance on government grants to sustain the public charity.

Former Durango Art Center Executive Director Brenda Macon.

Operating in a building that was fractionally owned and funded by the City of Durango and the Durango Arts Center (a 501c3 non profit corporation), Macon pretended like she operated a private company.

Instead, the tax filings of Durango Arts Center tell a much different story. Look at the year 2021, when $334,144 dollars of Durango Arts Center’s $557,927 dollars of revenue came from government grants. That means that about 60% of their revenue in 2021 came from the government.

To me, that government reliance is the equivalent of government welfare.

In May of 2022, Brenda Macon trespassed me from the facility during business hours because I was recording some people in the theater.

In an attempt to illicit an extreme response from law enforcement, Macon claimed that I was armed with pepper spray and was threatening people. Both of these claims were blatant lies caught on camera and 911 audio recordings.

When the police arrived, Macon lied to them, saying that the organization did not receive any funding from the city of Durango. This, as an excuse for trespassing me from the public building under the guise of exclusive ownership.

Also, in the year 2022, data with the Colorado Secretary of State’s office shows that Durango Arts Center spent $120,694 dollars more than it brought in. That’s $782,390.00 spent and $661,696.00 revenue. It helps explain why Brenda Macon left the organization.

Additionally, Durango Arts Center has a Program services to expense ratio of 58%, which is below the recommended minimum of 65% as established by the Better Business Bureau Standards for Charity Accountability. Basically, the bureau recommends that charities spend at least 65% of their total expenses on program activities.

In the case of Durango Arts Center, they only spent 58% of their total expenses on program activities, according to the Colorado Secretary of State.

That means that a high percentage of their expenses go to overhead such as Brenda Macon’s previously-paid $69,346-dollar salary.

With how much these directors of Durango Arts Center get paid indirectly in tax dollars, it would make sense for the City of Durango to have some control over the quality of their work performance.