1 TABLE OF CONTENTS CONTENTS Landmark Nomination Form

1. Basic Property Information City issued form pages Signature page 2. Nomination Text Description Statement of Significance Photographs Figures (See Appendix) Bibliography Complete Copy of all Bibliographical Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K 2 5

6 6 10 31 32 33 36 54 65 68 72 75 78 80 82

3. Appendix: Floor Plans, Property Maps, and Architectural Drawings

84

Name Liberty Bank (Common, present or historic) 2320 E. Union Street & 24th Ave. 721740-0045

Year Built

1968

Street and Number Assessors File No. Legal Description

RENGSTORFFS J H ADD Plat Block: 1 Plat Lot: 9 THRU 12 Block 1 Lot 9 THRU 12

Plat Name: RENGSTORFFS J H ADD

Present Owner: Address:

Key Bank

Present Use: Abandoned/Vacant

2320 E. Union Street & 24th Ave. Liberty Bank First banking institution for African Americans in the Pacific Northwest region

Original Owner: Original Use: Architect Builder:

Mel Streeter & Associates Clarence Doe

Description: Present and original (if known) physical appearance and characteristics: Please see attached nomination text.

Statement of significance: Please see attached nomination text.

4 Photographs

Neither a 5 by 7 photograph nor a 4 by 6 photograph (as called for in this forms instructions) will fit into this space, as the space provided here is only 5 wide. Therefore, please see the space under the Photographs heading in the nomination text.

Photographs, cont.

Neither a 5 by 7 photograph nor a 4 by 6 photograph (as called for in this forms instructions) will fit into this space, as the space provided here is only 5 wide. Therefore, please see the space under the Photographs heading in the nomination text.

Submitted by: Omari Tahir aka James C. Garrett (son of H.L. Garrett, Liberty Bank co-founder) Address: Phone: PO Box 22328, Seattle, WA 98122 (206) 639-0162 Date 8/26/2013

6 Reviewed: Nomination text: Description: Present and original (if known) physical appearance and characteristics: The Liberty Bank building is a one-story, structurally strong and resilient brick building, designed in line with the contemporary style of the 1960s. The exterior is flanked by a solid, white roof overhang, a brick facade, and anterior and posterior, floor-to-roof windows, and skylight. It features a landscape of vintage trees on its east side, variegated foliage against the building, a 40+ car parking lot, and old-style street lamps consistent with those lining Union Street. The interior has stone tile flooring, dense hardwood support beams, and wall exposure of the original brick. A designer stairwell leads to a large basement of office space. Historic images from 1968 reveal that the building has undergone very little to no physical change since that time. One very small exception to this is the addition of a steel post mounted billboard business sign next to the sidewalk on the propertys southeast corner. Date

Statement of significance: Liberty Bank was uniquely designed and completed by architect Mel Streeter in 1968, and opened its doors the same year. Streeter is known for leading in the construction of, and, in some cases, contributions to a number of landmark institutions in King County, such as: John Muir Elementary, City of Auburn City Hall, the regional Federal Aviation Administration Building and Seattle's Beacon Hill Neighborhood's African American Academy. Notably, he was integral in the construction of Seattle's world-famous Qwest and Safeco Fields. This building is a worthy historical landmark in Seattle for a number of reasons, notably: 1. It opened as the FIRST and ONLY African American bank in the Pacific Northwest region of the United Sates; 2. Its founders included a number of people of historic note, and it was designed by one of America's few well known African American architects, Mel Streeter (1931 2006); 3. Its design is reflective of the culture that characterized Seattle's predominantly African American Central Area in the 1960s, and is one of the few remaining high quality examples of this type of utilitarian urban blue-collar architecture left in the neighborhood and 4. The changing demographics of Seattle's Central District, without protection of the neighborhood's historical landmarks, portends an erasure of a rich cultural past and heritage created by Seattle's African American community.

Liberty Bank opened in Seattle in 1968 (See document exhibit A), a time at which there was tremendous national and regional social upheaval. It was also a time marked by new ideas and

7 initiatives in every sector of the political economy. In response to the times, the African American community was actively creating sustainable institutions to combat racism in the forms of red-lining and economic exploitation, which went unchecked by the dominant culture leading up to, during and after the Civil Rights Era. The need for African American-owned and run institutions that offered equitable opportunities for success was clear. Indeed, the absence of such an African American financial institution in Seattle today has long raised calls for the reestablishment of a Black bank (See document Exhibit B). Liberty Bank would be one such key institution, used to expand the African American entrepreneurial class, and as an antidote to the refusals of enterprise capital by mainstream institutions to invest in that class despite comparably positive credit worthiness, relevance, and need. It was a natural outgrowth of the NAACP's Sentinel Credit Union and soon became a source of needed capital and developmental loans to many African Americans whose entrepreneurial creations still exist today. The Bank was thriving enough after its opening to begin a second branch on 3rd Avenue in downtown Seattle in 1988. What the African American community experienced as economic "apartheid", however, halted the effort. The bank regulator during this time was Thomas Oldfield, who seized BOTH banks. Within four days Liberty was re-formed, with new owners, as Emerald City Bank. Later, ECB was purchased by Key Bank, which itself has abandoned the Union Street location in 2012-13 (see document Exhibit C). As a concept, past and present, this institution is a promise for generations in the midst of social anxiety over large bank dominance without social justice or parity. The location of the bank is geographically and historically a center of the Central District's African American business district. The Bank had a very positive effect on the immediate community. Not only was it an aesthetically pleasing structure in the immediate neighborhood, prosperous businesses and increased home ownership became immediately evident. For example, construction projects that expanded the black entrepreneurial class in the Central District were largely funded through Liberty, to entities such as Central Contractors Association, which built many new homes and businesses in the area. The design of Liberty bank is reflective of the culture that characterized Seattle's predominantly African American Central Area in 1968. It reflects values of working class efficiency, thrift, utilitarianism, durability, and quality workmanship. Architect Mel Streeter knew that this project had to be built on the very limited budget that could be mustered by the predominantly blue collar community that had immigrated to the CD from the southern cotton belt since the end of the second world war, seeking refuge from Jim Crow in the warmth of other suns. This important wave of people joined and expanded a much smaller African American population that had already grouped together in this part of the CD since the early 1880s. The banks name, "Liberty Bank", a traditional name for many Black working class institutions since the time of the Garvey Movement, is indicative of the population it was built by and for (See document Exhibits D and E). Railroad track layers, Boeing assembly line workers, shipyard laborers, and others who lived by selling the labor of their hands had neither means nor desire

8 for great ornamental vanity. It is worthwhile to favorably note the handful of non-Black investors who defied prevailing business attitudes to invest in a specifically African American project at that time. The building is a testament to limited funds being applied in the most resourceful and effective manner. The structural integrity of the building's foundations, walls, rafters and roof alone are testament to this. With basic maintenance and upkeep, the building could easily remain functional for centuries. Since the post-Vietnam era, the area around Liberty Bank has been greatly altered by waves of gentrification, which have ensued as the United States gradually reverted from the new world city model of suburban affluence back to the old world city model of bourgeois inner metropolises. Such remaining high quality examples of this type of utilitarian urban blue-collar architecture have become rare, unique, and urgently worthy of historic preservation. Architect Mel Streeter's legacy adds substantially to the historical significance of Liberty Bank to Seattles Black community, and thereby also to the strength of this bank as a landmark nominee. Very few of the architects practicing in Washington State and working on high profile projects are Black. Streeters accomplishments were so broadly impactful that the City of Seattle itself has recognized Streeter with an obituary page on the Seattle Planning Commissions website (See document Exhibit F). The Seattle Times published a profile about him in 1966, an interview with him in 1996, and an obituary for him on the occasion of his passing in 2006, in which the Times called him the ultimate optimist (See document Exhibit G). Streeters father was a railroad porter, his mother a cook. He was born and raised in Riverside, California where a high school mechanical-drawing class inspired his love for architecture, but his high school counselor told him that he could not be an architect because he was Black. An able athlete, he was recruited by famous UCLA basketball coach John Wooden, but chose to study architecture at the University of Oregon instead. He came to Seattle in 1955 and struggled against intense racial discrimination to find a job as an architect, applying to 22 firms before finding one willing to hire a young African American. He is widely remembered and praised today as both a pillar of the Black community, and as pillar of the architectural industry. His accomplishments include African American Academy, John Muir Elementary School, the Rainier Beach High School Performance Hall, and a 64 unity senior housing complex connected to Mt. Zion Baptist Church. He also worked on the design of Qwest Stadium, Safeco Field, and the Pacific Place area at SeaTac airport, and is remembered in glowing terms by his former colleagues on these projects, as well as by past Seattle planning commissioners. He is also known for nurturing and helping many younger Black architects to success in their own careers. A lesser known but undeniable fact, however, is that his rise to prominence as an architect was intimately tied to his role in designing Liberty Bank! In 1967, Streeter took the bold risk of opening his own business, Streeter and Associates, the first Blackowned architecture firm in Seattle. Liberty Bank, completed in 1968, was one of the first projects ever completed by this new firm, and helped to anchor and establish it as a viable institution in Seattles construction industry. Another historically important co-founder of Liberty Bank was Holbrook Lawrence Garrett, who was the first Black electrical engineer in the Pacific Northwest, the first Black man to work for the Pacific Northwest region of the US Fish and Wildlife Service, and a well liked Seattle Central

9 Area Little League Baseball Coach. HL Garrett was also the father of the two well known Central District activist brothers Fred Garrett and Omari Tahir Garrett (Co-Founder of the African American Heritage Museum & Cultural Center at the Coleman School Building, [document Exhibit H] www.aahmcc.org ), and grandfather of Wyking Garrett (Co-Founder of the Umojafest Peace Center, and of the Africatown Education & Innovation Center). Yet another historically important Co-Founder of Liberty Bank, who served for many years as its president, was the African American US Navy construction engineer James C. Purnell from Memphis, Tennessee, who moved to Seattle in 1941. Purnell was involved not only in the founding of Liberty Bank, but also of its predecessor organization, Sentinel Credit Union, ten years earlier in 1958. He also served for a time as president of the National Bankers Association, an advocacy organization for minority owned banks, and, in that capacity, met with US President Jimmy Carter in 1977. He passed away in 2005 at the age of 84. His obituary was carried in many prominent publications, including the Daily Journal of Commerce (see document Exhibit I).

For all of these and many more historically and culturally relevant reasons, Liberty Bank at 2320 E. Union Street is hereby nominated for historic landmark status In the City of Seattle

10

Photographs:

Liberty Bank, September 16, 2013, north faade, camera facing south.

11

Liberty Bank, September 16, 2013, east faade, camera facing west.

12

Liberty Bank, September 16, 2013, south faade, camera facing north.

13

Liberty Bank, September 16, 2013, west faade, camera facing east.

14

Liberty Bank, September 16, 2013, view of ceiling from a north window, camera facing south.

15

Liberty Bank, September 16, 2013, view of floor tile pattern in main room from the north door, camera facing south.

16 Neighborhood context photos:

Neighborhood context, facing west on Union Street with Liberty Bank in the right hand foreground, September 16, 2013.

17

Neighborhood context, Liberty Bank, September 16, 2013, sign posted in a north side window, camera facing south.

18

Liberty Bank as seen from front steps of the Umojafest Peace Center on 24 th, looking north across the eastern lot of the Union Street Post Office, November 4th, 2013.

19

Liberty Bank from the front steps of Fatima Caf, looking northwest across both Union and 24 th, November 4th, 2013.

20

Liberty Bank as seen looking northwest across 24th and Union, November 4th, 2013. (The building in the left background was formerly Thompsons Point Of View.)

The lost Black leaders mural that once adorned the wall at Thompsons Point Of View (courtesy of soulofamerica.com)

21

Liberty Bank as seen looking northeast across Union from the north edge of MidTown Center, November 4th, 2013.

22

Liberty Bank as seen looking northeast from the southeast corner of 23 rd and Union, MidTown Center on the right, November 4th, 2013. (The building on the left was formerly Thompsons Point Of View.)

23

Liberty Bank as seen looking northeast across both 23rd and Union, November 4th, 2013.

Liberty bank as seen looking south along 24th, November 4th, 2013.

24

Looking south along 24th from just north of Pike, newer condos on the right, Liberty Bank in far left background between the trees, November 4th, 2013.

25

Liberty Bank as seen from the north, looking southwest across 24 th, November 4th, 2013. (The building in the right background was formerly Thompsons Point Of View.)

Looking north along 24th. Liberty Bank on the left, November 4th, 2013.

26

Looking west across 24th along Union, Liberty Bank on the right, November 4th, 2013.

Looking north from the parking lot of the 23rd and Union Post Office, Liberty Bank on the right, November 4th, 2013.

27

Looking east along Union, Liberty Bank on the left, Fatima Caf in the right background, November 4th, 2013.

28

Looking north through the Liberty Bank building from the north sidewalk of Union Street, November 4th, 2013.

Liberty Bank as seen looking north across Union on 24th, November 4th, 2013.

29 Historic photos:

Liberty Bank as seen looking north across Union, May of 1968, courtesy of WA State Archives.

30

Liberty Bank as seen looking north across Union, August 1968, courtesy of WA State Archives.

31 Figures: Please see the attached floor plans and blueprints. Bibliography: EXHIBIT A: Liberty Banks FDIC Certificate,
http://www2.fdic.gov/idasp/confirmation_outside.asp?inCert1=19817

EXHIBIT B: June 2001 Seattle PI article by Bill Virgin, advocating the reestablishment of a Black bank in Seattle.
http://www.seattlepi.com/news/article/Seattle-s-black-community-needs-its-own-bank-1057400.php

EXHIBIT C: US Courts of Appeals Cases F.2d Volume 940 F.2d 465 - Federal Deposit Insurancecorporation, As Receiver for Liberty Bank of Seattle, Plaintiff, v. Sim Henderson, et al., Defendants. J. Thomas Wood; Barbara Wood, Husband and Wife, Defendants-counterclaimants-plaintiffs-appellants, v. Thomas Oldfield, Counter-defendant-appellee, Argued and Submitted Feb. 6, 1991.Decided July 29, 1991. EXHIBIT D: Article from the website of the Black Business Network showing, among other things, how the name Liberty reflects a long-standing and proud Black tradition established by Marcus Garvey in 1919.
http://www.blackbusinessnetwork.com/MarcusGarvey/

EXHIBIT E: December 2012 San Francisco BayView article about the Marcus Garvey Movements Liberty Hall in Oakland, CA.
http://sfbayview.com/2012/save-liberty-hall-the-marcus-garvey-building-in-west-oakland/

EXHIBIT F: Seattle Planning Commissions 2006 obituary for Liberty Bank architect Mel Streeter.
http://www.seattle.gov/planningcommission/melStreeter.htm

EXHIBIT G: Seattle Times 2006 obituary for Liberty Bank architect Mel Streeter.
http://seattletimes.com/html/obituaries/2003062398_streeterobit15m.html

EXHIBIT H: Seattle Times guest column by African American Heritage Museum & Cultural Center Co-Founder Charlie James, testifying to the involvement of fellow AAHMCC CoFounder Omari Tahir Garrett, son of Liberty Bank Co-Founder Holbrook Lawrence Garrett.
http://seattletimes.com/html/opinion/2004292992_charliejames20.html

EXHIBIT I: Obituary of Liberty Bank Co-Founder James C. Purnell.

http://djcoregon.com/news/2005/03/29/james-c-purnell-black-banking-pioneer-in-seattle-dead-at-84/

EXHIBIT J: June 28, 2013 Africatown/Chinatown News Digest: Liberty Bank historic landmark.
http://africatownchinatownnewsdigest.wordpress.com/category/occupy/

EXHIBIT K: Liberty Banks entry in bankencyclopedia.com.

http://www.bankencyclopedia.com/The-Liberty-Bank-of-Seattle-19817-Seattle-Washington.html

32 Liberty Bank Landmark Nomination EXHIBIT A: LIBERTY BANK FDIC CERTIFICATE http://www2.fdic.gov/idasp/confirmation_outside.asp?inCert1=19817

33 Liberty Bank Landmark Nomination Exhibit B June 2001 Seattle PI article by Bill Virgin, advocating the reestablishment of a Black bank in Seattle. http://www.seattlepi.com/news/article/Seattle-s-black-community-needs-its-own-bank1057400.php

Seattle's black community needs its own bank

By BILL VIRGIN, SEATTLE POST-INTELLIGENCER COLUMNIST Updated 10:00 pm, Sunday, June 17, 2001

The high-volume venting in Seattle's Central District last week wasn't just about one case of a police shooting, or about the larger issue of the tense police-civilian relations in the neighborhood, or about the yet-larger issue of race relations in Seattle or the nation. Underlying the charges and recriminations and emotions that surface volcano-like every time there's an incident is a long-standing uneasy feeling among many African Americans, even those who aren't signed up in the Aaron Roberts campaign. It's a sense that blacks are still not gaining the kind of economic clout that generates long-term wealth for the community, that produces upward-mobility jobs, that gives them a seat at the table. It's easy enough to dismiss the boycott of the 23rd-and-Jackson Starbucks as ill thought-out and a product of political posturing. It's certainly the former, and contains an element of the latter. But even if it is the wrong move likely to send the wrong message, such lashing out is a manifestation of that underlying frustration. So what would generate the kind of economic clout the African American community wants? One of the boycott's organizers has in the past coordinated campaigns to get African Americans to spend money in their own neighborhoods at black-owned businesses. That's a start, but only that. Economic clout comes from nurturing businesses that generate jobs and income. Those businesses come from having capital. Which leads to the question: How about a bank?

34 Specifically, how about a commercial bank organized and owned by blacks targeted to African American consumers and businesses? There's already a model for such a venture. For more than a decade, bank executives and investors in this state have filled the holes and niches left in the market by ever-growing, everconsolidating multistate companies. And few niches have spun out so many new banks as the Asian American community. From Washington First International to Asia Europe Americas to Northwest International to the Korean community bank now in formation, all are organized by and oriented toward the Asian American or broader immigrant community. Jesse Tam, who had a hand in starting two of those banks and is working on another, says such institutions tend to understand the business practices, needs and interests of their communities better than mass-market ones. But, he adds, ethnic affiliation alone isn't enough to start or run a bank. And that brings us to the unhappy history of the last attempts at an African American-owned bank in this community -- Emerald City and its predecessor, Liberty Bank. Hamstrung by losses and managerial infighting, Emerald City was finally auctioned by regulators in 1993, having been formed from the remnants of Liberty in 1988. The experience with Liberty/Emerald City has many wary of the idea that an African American bank would be successful in Seattle. Leon Smith was brought in as president in a late-hour attempt to save Emerald City. Now senior vice president with Chicago-based ShoreBank, one of the nation's leading community development banks, Smith says, "You don't have the numbers you need to reach the critical mass you need, even if you have good patronage." Former Mayor Norm Rice, now head of the Federal Home Loan Bank of Seattle, is skeptical too, noting that the number of African American-owned banks around the country has been falling. He also wonders whether investors would be patient enough for a bank and its customer businesses to generate profits. "Everyone wants a return so quickly for that investment," he says. That's a point raised by Jim Thomas of Community Capital Development, a non-profit that makes loans to businesses that don't yet qualify for bank financing. "Perhaps the best entities are the community development institutions" like his or Cascadia Revolving Fund, he says. It's not as though anyone thinks the African American community has access to all the capital it needs to build an economic base. "The more pressing issue is how do you get into the relationships and the deals," Smith says. "If there's a lack of capital, there's also a lack of good demographic analysis about what opportunities there are in places like the Central Area and markets like African Americans," Rice adds.

35 But maybe a bank is the way you build those relationships, get those deals, build that database of customer and market research. The Asian American banking experience isn't a perfect model for the African American community. The Asian American community is larger locally -- 11 percent of King County's population compared with 5 percent for blacks. The Asian banks are also drawing on traderelated businesses that immigrants, some of them quite well-to-do, bring as customers and investors. But the African American community is not just the Central District any more than the Asian American community is just Chinatown and the International District. And it is not just people flirting with the poverty line; the growing number of middle-class homeowners, executives and entrepreneurs in the African American community would seem to be the same sort of niche market as those that have spawned banks devoted to small businesses or specific neighborhoods. As egalitarian and merit-based as we wish our society to be, the fact is that seats at the table where the decisions are made go to those with economic clout. The African American community wants, and deserves, to be there. A bank, and the businesses it nurtures, won't resolve all the challenges that community faces. But it just might be one way for the community to buy that chair.

36 Liberty Bank Landmark Nomination Exhibit C Justia > US Law > US Case Law > US Federal Case Law > US Courts of Appeals Cases > F.2d > Volume 940 > 940 F.2d 465 - Federal Deposit Insurancecorporation, As ...

940 F.2d 465: Federal Deposit Insurance Corporation, As Receiver for Liberty Bank of Seattle, Plaintiff, v. Sim Henderson, et al., Defendants. J. Thomas Wood; Barbara Wood, Husband and Wife, Defendants-counter-claimants-plaintiffs-appellants, v. Thomas Oldfield, Counter-defendant-appellee
United States Court of Appeals, Ninth Circuit. - 940 F.2d 465
Argued and Submitted Feb. 6, 1991.Decided July 29, 1991 Kathleen L. Albrecht, Culp, Guterson & Grader, Seattle, Wash., for defendants-counterclaimants-plaintiffs-appellants. Betty Edwards, Asst. Atty. Gen., Olympia, Wash., for counter-defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before WIGGINS, BRUNETTI and NELSON, Circuit Judges. WIGGINS, Circuit Judge: 1 Thomas Wood appeals the district court's order granting Thomas Oldfield's motion for summary judgment on Wood's Sec. 1983 equal protection and due process claims. Wood argues on appeal that genuine issues of material fact exist as to each claim, making summary judgment inappropriate. The district court had jurisdiction under 12 U.S.C. Sec. 1819(b)(2) and 28 U.S.C. Sec. 1331. We have jurisdiction over this timely appeal under 28 U.S.C. Sec. 1291, and we affirm. 2 BACKGROUND 3 Thomas Wood was the President and CEO of Liberty Bank, a single-branch, minority-owned bank located in Seattle, from August 1984 until December 1987. Thomas Oldfield is the

37 Supervisor of Banking for the State of Washington, a position he has held since November 1985. Wood, who is black, alleges that Oldfield's actions toward Wood and Liberty violated his rights to equal protection and due process. We recount the facts in some detail. 4 Liberty was chartered in 1968. In July 1984, the month before Wood took office, an examination by the Federal Reserve Bank ("FRB") indicated that Liberty was in fair condition; while the level of primary capital to total assets was adequate and "compare[d] favorably with the peer group," the total amount of classified assets had more than doubled since the previous examination.1 The report stated that "[m]anagement must take all necessary steps to reverse the decline in asset quality and ensure that extensions of credit are supported by adequate credit information and proper documentation." 5 Though the precise timing is not exactly clear, Wood determined early in his tenure that the Bank's position would be greatly improved if it could accomplish two things: (1) Wood and the Board wanted to open a downtown branch, in the hope of attracting more sizeable deposits and more favorable lending opportunities than its current low-income neighborhood could provide; and (2) they hoped to inject substantial capital into the Bank through a stock recapitalization plan. Both moves required the approval of the state Supervisor of Banking.2 Neither request had been approved by the time Oldfield was appointed Supervisor in November 1985. 6 In June 1985, the FRB conducted another examination of Liberty. That report began by stating that "the overall condition of the bank has deteriorated and is now considered to be unsatisfactory." Classified assets totalled $1,524,000, or fully 100% of the Bank's capital funds. The FRB examiners concluded that: 7 [t]he unsatisfactory condition of the bank is a direct result of inadequate leadership and supervision by the Board of Directors and senior management, both past and present. Management must redirect its priorities and take more aggressive corrective action to improve the condition of the bank if long-term goals of expansion and service to the community are to be met. 8 The report further noted that the poor loan portfolio was "a direct result of unsound lending practices and inadequate supervision of the lending area by management, both past and present," and concluded that the regulators would "need to meet with the board of directors to discuss the implementation of formal supervisory action."

38 9 In response to the Bank's declining status, Acting Supervisor of Banking Malmberg (Oldfield's predecessor) and officials from the FRB in San Francisco decided to adopt a coordinated regulatory approach to Liberty. The resulting Written Agreement, the terms of which were largely negotiated before Oldfield assumed office, was signed on December 17, 1985 by Wood, Oldfield and the Vice-President of the FRB of San Francisco. The Agreement was an aggressive, action-oriented plan designed to improve Liberty's loan evaluation and monitoring procedures, to place limits on the type and amount of loans it could make, and to institute management reforms. The ten members of Liberty's Board of Director's also signed the Agreement. 10 The record does not indicate that Oldfield denied Liberty's application to open a downtown branch on any particular occasion; apparently, the application, while never approved, was pending for the remainder of Wood's tenure at the Bank. Under state law, a bank with paid-in capital of $200,000 may, with the approval of the Supervisor, open a new branch office. Wash.Rev.Code Sec. 30.40.020. The Supervisor's approval is expressly made to depend upon the ability of the proposed location to support the new office. It was Oldfield's contention that, while Liberty had the requisite funds, and while downtown Seattle surely could support a branch office, Liberty should not be allowed to open a new office until it had adequately addressed the concerns that the recent examinations had revealed, concerns that the tripartite Agreement addressed. By contrast, Wood contends that Oldfield's refusal to permit Liberty to open the branch office was motivated by racial animus; Wood alleges that Oldfield once asked him who would bank with Liberty downtown--"After all, you're a minority bank."3 11 In October 1986, the FRB released the results of yet another examination of Liberty.4 Again finding that the overall condition of the Bank was unsatisfactory, the report urged the directorate "to redirect its priorities away from expansion and concentrate its efforts toward restoring the bank to a satisfactory condition." As of September 1986, classified assets had climbed to 193% of the Bank's total capital. The report also noted that the Bank was in noncompliance with portions of the Written Agreement, mentioning especially that loans were being made in excess of the established limits and without proper documentation. 12 As Oldfield became increasingly concerned about the Bank's condition, he instructed State Bank Examiner John Burke, who was in charge of monitoring Liberty, to pay particularly close attention to Wood's actions. At one point in April 1987, Oldfield, noting that Liberty had "too many problems and poor management response," told Burke to "keep on Tom Wood's back ... Write down all conversations." In June 1987, Burke arranged to conduct another examination of Liberty, this one in conjunction with the FDIC. Again, there is no report in the record, but an Assistant Supervisor of Banking wrote in July 1987 that the examination indicated that "[t]he

39 condition of the bank is precarious at best. If the problem loans, liquidity, and funds management deteriorate further, the bank could fail." 13 For several years, but especially during 1987, Wood, aware that the new branch application depended largely upon the Bank's need for capital infusion, worked to implement a stock recapitalization plan. On October 21, 1987, the Shamania Investment Company sent a letter to Wood, Andrew Branch and Jerome Crawford committing to lend the three men $1,450,000. On October 27, Wood, Branch and Crawford sent a packet to Mary Faulk, the Director of Washington state's Department of General Administration (of which the Department of Banking is a part) containing Change of Ownership papers, offering to purchase $870,000 in Liberty stock, and a Branch Application. The men conditioned the stock purchase upon State approval of the branch application. 14 Documents accompanying the application indicated that the loan from Shamania was secured in part by Liberty Bank stock. Too, three sizeable Bank loans appear to have found their way into the escrow account that Wood, Branch and Crawford established to fund their purchase of Liberty stock. Oldfield argues in his brief that these and other facts concerned him because state law prohibits a bank from lending money to purchase its own stock. Wash.Rev.Code Sec. 30.04.120. 15 Wood asserts in his brief that these concerns are in fact post hoc rationalizations by Oldfield for his refusal to grant the request for change of the Bank's control. The appellant further argues that Oldfield could not have known all of these facts until some time later. But whatever the state of Oldfield's knowledge of these facts at the time, no change of control of a bank may take place until thirty days after filing the appropriate documents, Wash.Rev.Code Sec. 30.04.405, and before those thirty days were up, a new FRB examination revealed that the Bank was insolvent, and the application was never granted. 16 Early in November 1987, the FRB examiners arrived at Liberty to conduct an examination. Wood was apparently very upset by the exam, and on November 18 the Board of Directors held a special meeting to discuss possible litigation to stop the examination. That same day, the Bank's attorney sent a letter to the FRB and Mary Faulk, requesting that the examination be suspended, and threatening to file a "Federal discrimination action on behalf of the Bank against the staff of the State Banking Division and the relevant Federal regulatory agencies." 17

40 Though the final report was not issued until February 29, 1988, the exam began on November 16, 1987. Oldfield spoke with the federal examiners in November and December, and so was aware of the exam's initial findings.5 The FRB concluded that Liberty was "technically insolvent as a result of assets classified loss in a total amount which exceeds the bank's capital funds."6 While somewhat critical of the Board of Directors, the report stated that: 18 Management of the bank's affairs has been dominated by President Thomas Wood ... He has exerted an extraordinary and increasing degree of influence and control over all aspects of the bank's operations, and his unsatisfactory management has resulted in the bank's current insolvent condition. 19 The federal examiners also noted Wood's displeasure with their presence at the Bank, indicating that Wood told them that the large number of examinations at Liberty had been an enormous burden. Wood told the examiners that the frequent exams were part of a conspiracy to harass Liberty because it was a minority-owned bank. The report speculated that Wood's "largest concern was that the examination would uncover his inappropriate activities--rather than that it was an excessive burden." 20 In a December 8, 1987 memo to the file, Oldfield wrote that Branch and Crawford had informed him that they remained interested in recapitalizing the Bank, but that they were greatly concerned by Wood's reaction to the federal exam. They said that while Wood was not likely to resign, the Board would "respond to a strong push from the state." Because of their comments, and because Oldfield was convinced that "the results of [the FRB] examination are going to require quick and decisive action," the Supervisor decided to pressure the Board of Directors to change management, and to indicate that he was prepared to utilize administrative procedures to terminate Wood if necessary. 21 The end came quickly. On December 21, 1987, Oldfield met with the Board of Directors (Wood, a Board member, was present) to tell them about the FRB's findings. Without specifying, Oldfield told the Board that he wanted action by the following Tuesday or he would begin the process of taking the Bank over and appointing a conservator. On December 22, Oldfield met with two Board members, and told them that they should ask for Wood's resignation. The following day, the two members related Oldfield's ultimatum to the Board, and noted that Oldfield and several Board members were concerned about the source of funds for Wood's stock purchase plan. Wood, who was at that meeting, refused to resign, noting, with apparent reference to the state administrative procedures,7 that Oldfield could not "send any Marshall in here to do anything to me without first having facts to accuse me and secondly, there is a 10-20 day period to prove it or me disprove it."

41 22 On December 27, a quorum of the Board of Directors "Resolved, that J. Thomas Wood be terminated for cause ... as of the conclusion of the meeting."8 The Resolution listed three causes for the termination: (1) failure to follow Bank policy in making loans; (2) failure to bring the Bank into compliance with a Supervisory Directive issued in July 1987;9 and (3) the injury that those failures caused to the Bank's interests. The following day, Oldfield met with members of the Board to discuss the Bank's future and to coordinate their public statements. The Supervisor gave his commitment that the new branch would be approved after the Bank's capitalization needs were met. 23 Early in January 1988, Oldfield contacted attorneys at the banking fraud section of the U.S. Attorney's Office to report the lending irregularities that led to Wood's termination. On January 20, the State appointed William Rhodes as conservator in an attempt to save the Bank. When those efforts proved unavailing, the FDIC moved in and closed the Bank in June 1988. That same month, a new minority-owned bank, Emerald City Bank, was opened with the full support of the State. Its president, Ray Merriwether, was a member of Liberty's Board of Directors, Emerald opened a downtown branch once it acquired the requisite capital infusion. 24 In March and April 1988, Liberty filed a complaint for money due and to recover on several loans against Wood and several of the loan recipients in Washington state court. Wood filed a counterclaim alleging defamation, and added claims under Sec. 1983 for civil rights violations against Oldfield, Rhodes, Merriwether and Joyner, the former Chairman of Liberty's Board. When the FDIC was appointed receiver of the Bank, it removed the lawsuit to federal court under 12 U.S.C. Sec. 1819(b)(2). After the FDIC dismissed its claims against Wood, the district judge granted Oldfield's motion for summary judgment on Wood's Sec. 1983 claims, and remanded the state law claims to state court. Wood timely appealed the district court's order granting summary judgment. 25 DISCUSSION 26 We review a grant of summary judgment de novo. Kruso v. Int'l Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990). The district court must grant summary judgment if the judge determines "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). We ask, viewing the evidence in the light most favorable to the appellant, whether there are any genuine issues of material fact and whether the district court

42 correctly applied the relevant substantive law. Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir.1989). 27 Wood alleges that Oldfield's actions toward him and Liberty were motivated by racial discrimination. The plaintiff in a Sec. 1983 claim alleging a violation of equal protection must prove that the defendant acted in a discriminatory manner and that the discrimination was intentional. Stones v. Los Angeles Comm. College Dist., 796 F.2d 270, 275 (9th Cir.1986); Lowe v. City of Monrovia, 775 F.2d 998, 1011 (9th Cir.1985), as amended, 784 F.2d 1407 (1986). Discriminatory intent may be proved by direct or indirect evidence. Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 266, 97 S.Ct. 555, 563, 50 L.Ed.2d 450 (1977); Lowe, 775 F.2d at 1010. Beyond this requirement of showing intentional discrimination, however, there is no specific test that an equal protection plaintiff is required to meet,10 and in order to survive a motion for summary judgment by the defendant, a plaintiff must only produce evidence sufficient to establish a genuine issue of fact as to the defendant's motivations. 28 The appellant argues that this Sec. 1983 claim is supported by both direct and indirect evidence. As direct evidence, Wood relies upon Oldfield's alleged skepticism that a downtown office of Liberty would prosper; in his Affidavit in Opposition to Oldfield's Motion for Summary Judgment, Wood states: 29 After Oldfield became the Supervisor, he continued the discriminatory policies of his predecessor. He too was opposed to Liberty Bank expanding beyond the Central Area and asked me, "Who's going to bank with you downtown? After all, you're a minority bank." He also inquired as to how the people from up on the Hill would find Liberty downtown; how they were going to get downtown.11 30 While Wood characterizes other parts of the record as direct evidence of racial discrimination, the above statement is the only one both that is attributable to Oldfield and probative of the question of racial motivation.12 As for the indirect evidence of racial discrimination, the district court quite reasonably interpreted Wood's reference to "the overwhelming evidence of Oldfield's pattern of harassing and arbitrary actions towards Wood" to be based on three main grounds: (1) the burdensome task of accommodating and complying with unusually frequent bank examinations; (2) Oldfield's refusal to approve the branch application; and (3) Oldfield's involvement in Wood's termination. 31

43 The district court, relying on a First Circuit case for authority,13 analyzed Wood's equal protection claim under the McDonnell Douglas/Title VII framework. Finding both that Wood "has not carried his burden of demonstrating a prima facie case of racial discrimination in the regulation of Liberty Bank," and that "Oldfield has demonstrated substantial legitimate nondiscriminatory reasons for his actions"--which reasons Wood did not show to be mere pretexts for discrimination--the court granted Oldfield's motion for summary judgment on the equal protection claim. 32 The appellant argues that the district court erred in applying the rigid Title VII analytical framework to his equal protection claim. While it may be true that, in some class of cases, a plaintiff who does not satisfy the McDonnell Douglas test may nonetheless state a claim for intentional racial discrimination under the equal protection clause, our cases indicate that there is a very close relationship between the two claims.14 Whether the proper standard is McDonnell Douglas or some more lenient test, however, Wood has failed to produce evidence that would permit a trier of fact reasonably to conclude by a preponderance of the evidence that Oldfield's actions constitute intentional racial discrimination. 33 To begin with the indirect evidence, we find Oldfield's regulatory actions toward Liberty to be utterly devoid of even a hint of discriminatory intent. From November 1985, when Oldfield took office, until Wood's termination, the state examiners conducted two examinations of Liberty.15 Under state law, the Banking Division is required to examine each bank once every eighteen months, and it may do so "oftener [sic] if necessary." Wash.Rev.Code Sec. 30.04.060. Given these legal requirements and the objectively troubled condition of the Bank, two examinations was surely a reasonable amount. 34 Likewise, Oldfield's connection with Wood's termination by the Board of Directors does not support an inference of discriminatory intent. The grave concerns about the legality of the stock purchase scheme aside, it was the Supervisor's contention that Liberty had no hope of acquiring the necessary capital infusion while Wood was in charge. Especially in light of the 1987 FRB examination results, Oldfield believed that no reasonable investor would entrust funds to a Bank that federal and state regulators considered to be extremely poorly managed. Absent any direct indication that Oldfield's decision to seek Wood's removal was racially motivated, we do not find this evidence to be probative of Oldfield's alleged discriminatory intent. 35 Lastly, we consider Oldfield's refusal to authorize Liberty to open a branch office in downtown Seattle. Unlike Wood's other allegations, this contention is accompanied by direct evidence that Wood argues establishes a genuine factual question as to Oldfield's motivations. While we agree that Oldfield's statement--"Who's going to bank with you downtown? After all, you're a minority

44 bank."--might support an inference of discriminatory intent, that does not end our inquiry. In order to defeat Oldfield's motion for summary judgment, Wood had the burden of producing evidence sufficient to create a genuine factual question as to Oldfield's motivations. A factual dispute is genuine only "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). In the context of this case, Wood must produce evidence sufficient to permit a reasonable trier of fact to find by a preponderance of the evidence that Oldfield's decision not to authorize the branch opening was racially motivated. Especially given the context in which the statement was made, we find that Wood has failed to meet that burden. 36 Oldfield had a legitimate reason for refusing to authorize the opening of a branch office downtown. Examinations dating from before his tenure as Supervisor indicated that the Bank had serious liquidity and managerial problems. It was entirely reasonable for Oldfield to demand that those problems be addressed before permitting the Bank to expand its operations. In light of this fact, we do not find the statement attributed to Oldfield to be sufficient evidence to create a genuine issue of fact as to his motivations in refusing to approve the branch application.16 37 To hold otherwise would be to make summary judgment unavailable in all cases where the plaintiff has alleged direct evidence of discriminatory intent. Aside from the troubling practical implications of such a holding, we find no authority for creating a presumption whereby a plaintiff is held to have established a genuine factual issue merely by alleging direct evidence. In analyzing a motion for summary judgment, the district court reviews the evidence to determine not merely whether there is a factual dispute between the parties, but whether there is a genuine factual dispute. An allegation of direct evidence will almost always assist a plaintiff in meeting this burden, but such an allegation does not eliminate the genuineness requirement. 38 In short, the evidence offered by Wood does not support an inference that Oldfield's actions toward Liberty were racially motivated, and indeed his actions were eminently reasonable in light of the increasingly negative reports on the Bank's condition. There being no genuine issue of material fact, the district judge properly granted Oldfield's motion for summary judgment on the equal protection claim. 39 Wood alleges that Oldfield's actions violated his substantive due process right to pursue the occupation of his choice. In order to state such a substantive due process claim, Wood must show, first, that he is unable to pursue a job in the banking profession, and second, that this inability is due to actions that were "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." Lebbos v. Judges of Super. Ct.,

45 Santa Clara County, 883 F.2d 810, 818 (9th Cir.1989) (citation omitted); see also Benigni v. City of Hemet, 879 F.2d 473, 478 (9th Cir.1988). 40 We have already detailed the substantial objective evidence of the Bank's poor and deteriorating condition. In light of that evidence, upon which Oldfield justifiably relied, it cannot be maintained that his actions were arbitrary or unreasonable. Because there are no genuine factual disputes concerning this claim, the district court properly granted Oldfield's motion for summary judgment. 41 Wood also alleges that Oldfield's actions deprived him of liberty and property interests without due process of law. The appellant claims that he has been deprived of a liberty interest in his reputation and the right to pursue the profession of his choice, and of a property interest in his continued employment as President of Liberty. He contends that he was entitled to procedural protections before being deprived of these interests. 42 In addition to asserting that these claims are substantively without merit, Oldfield also argues that he has qualified immunity from damages arising from any violation. The Supreme Court has recently held that, in analyzing a claim of qualified immunity, a lower court is to determine first whether the complaint "allege[s] the violation of a clearly established constitutional right." Siegert v. Gilley, --- U.S. ----, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991). Accordingly, we begin our inquiry by analyzing whether Wood's procedural due process claims allege the violation of one or more clearly established constitutional rights. 43 "The Fourteenth Amendment protects against the deprivation of property or liberty without due process." Brady v. Gebbie, 859 F.2d 1543, 1547 (9th Cir.1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1577, 103 L.Ed.2d 943 (1989). Wood argues that Oldfield's actions in relation to the regulation of the Bank deprived him of both a liberty and property interest. We must determine whether these alleged deprivations concern a clearly established constitutional right. 44 Wood bases his claim of a protected property interest in his continued employment with Liberty on two independent sources. First, he argues that the statutory procedures authorizing the Supervisor to remove bank officers only for certain delineated causes create a property interest. Under Wash.Rev.Code Sec. 30.12.040-042, the Supervisor is required to provide written notice of his intention to remove the officer, setting a hearing date no sooner than ten days later. Additionally, Sec. 30.04.470 provides that any party may obtain review of the result of these procedures in state court. And second, the appellant contends that his contract with the Bank

46 created such an interest. Under that contract, he could be terminated either at will with ninety days notice, or immediately for cause. 45 A person "only has a constitutionally protected property interest in continued employment ... if he has a reasonable expectation or a 'legitimate claim of entitlement' to it, rather than a mere 'unilateral expectation.' " Brady, 859 F.2d at 1547-48 (citing Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972)). To determine whether an entitlement exists, a court looks to "existing rules and understandings that stem from an outside source such as state law." Roth, 408 U.S. at 577, 92 S.Ct. at 2709. But while the underlying right is created by state law, "federal constitutional law determines whether that interest rises to the level of a 'legitimate claim of entitlement' protected by the Due Process Clause." Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 9, 98 S.Ct. 1554, 1560, 56 L.Ed.2d 30 (1978) (citations omitted). 46 a. State procedures for removing bank officer 47 Wood first argues that he had a protected property interest in not having Oldfield effect his removal without following the procedures set forth in the state laws authorizing him to do so. While it is true that, under Washington state law, "there is no general due process right to have states adhere to procedural rules which they establish," Punton v. Seattle Public Safety Com'n, 32 Wash.App. 959, 650 P.2d 1138, 1143 (1982), review denied, 98 Wash.2d 1014 (1983), "regulations which impose limits on state authority or confer substantive right [sic] create interests protected by due process." Id. In this case, the state regulations clearly imposed limits on the circumstances under which Oldfield could terminate Wood as president of Liberty--i.e. only after notice, a hearing, and with judicial review. And because protected interests are created by reference to, among other things, state law, Roth, 408 U.S. at 577, 92 S.Ct. at 2709, it appears that Wood has asserted a cognizable property interest based on the state procedures. 48 To say that such an interest exists, however, is not to say that it is entitled to federal constitutional protection. See Memphis Light, 436 U.S. at 9, 98 S.Ct. at 1560 (while state law creates interest, "federal constitutional law determines whether that interest rises to the level of a 'legitimate claim of entitlement' protected by the Due Process Clause"). In Dorr v. County of Butte, we held that "a substantive property right cannot exist exclusively by virtue of a procedural right." 795 F.2d 875, 877 (9th Cir.1986); see also Sebra v. Neville, 801 F.2d 1135, 1142 (9th Cir.1986). It follows that, while state law may create an interest in having officials adhere to state procedures, those procedures alone do not give rise to a "legitimate claim of entitlement" that is subject to the protections of the federal due process clause. Accordingly,

47 Wood's allegation that Oldfield deprived him of a property interest arising from the state banking procedures fails to allege the violation of a clearly established constitutional right. 49 b. Employment contract 50 Wood also argues that he had an independent property interest by virtue of his employment contract with the Bank. In Washington, as in most states, the general rule is that a public employee terminable at will does not have a property interest in continued employment, while an employee whose contract provides, either expressly or by implication, that he may only be terminated for cause does have such an interest. Danielson v. City of Seattle, 108 Wash.2d 788, 742 P.2d 717, 721 (1987); Slaughter v. Snohomish County Fire Protection Dist. No. 20, 50 Wash.App. 733, 750 P.2d 656, 659, review denied, 110 Wash.2d 1031 (1988); Roley v. Pierce County Fire Protection Dist. No. 4, 869 F.2d 491, 494 (9th Cir.1989). And it is well-established that a property interest created by an employment contract requiring for-cause termination is an interest protected by the federal constitution. Brady, 859 F.2d at 1548; Merritt v. Mackey, 827 F.2d 1368, 1371 (9th Cir.1987). The question we must decide is whether these same principles apply to Wood's contract with Liberty, a private employment contract that provided for both termination at will and termination for cause. 51 We have held that "[i]t is indisputable that an individual may have a protected property interest in private employment." Merritt, 827 F.2d at 1370. In Merritt, government officials told a private alcohol abuse treatment center that they would cut off federal and state funding unless the center fired Merritt. The center fired him, and he in turn sued the officials, claiming that they deprived him of a property interest in continued employment without due process. 52 The Court held that "where government officials are involved [in the termination], the nature of the interest at stake in private employment is a property interest." Id. at 1371; see also DiMartini v. Ferrin, 906 F.2d 465, 466 (9th Cir.1990), amending 889 F.2d 922 (9th Cir.1989), cert. denied, --- U.S. ----, 111 S.Ct. 2796, 115 L.Ed.2d 970 (1991). The fact that the private employer and not the governmental officials actually fired the plaintiff did not shield the officials from liability, because they "set[ ] in motion a series of acts by others which [they knew] or reasonably should [have known] would cause others to inflict the constitutional injury." Merritt, 827 F.2d at 1371 (quoting Johnson v. Duffy, 588 F.2d 740, 743-44 (9th Cir.1978)). And because Merritt's contract could only be terminated for cause, we held that he had stated a "claim under section 1983 that he was deprived of his property interest in continued employment when the ... agents intentionally coerced [the center] to fire him." Id. at 1372. 53

48 Oldfield argues that, because Wood's contract contained an at-will provision, it gave rise to no protected property interest. We think this interpretation of Wood's contract is too simplistic. It is true that the contract contains an at-will provision, but that provision required that Wood be given ninety days notice if he was to be terminated pursuant to it. In a very real sense, then, this was a conditional at-will provision, one that could only be exercised if accompanied by the requisite notice. 54 That is not to say, however, that Wood's contract was a for-cause employment contract. Instead, Wood had a hybrid contract that combined a for-cause provision with a conditional at-will provision. As such, it only gave rise to a "legitimate claim of entitlement" to ninety days of continued employment. Each day during his tenure with Liberty, the Bank had the option of giving Wood notice, and ninety days after receiving such notice, Wood had no legally cognizable property interest in continued employment. Put another way, Wood could only be terminated within that ninety-day period for cause; after that period, his contract gave rise to no protected property interest. 55 We hold, then, that Wood had a protected property interest in his employment contract with Liberty Bank, but that his interest was limited to ninety days of employment. We further hold, under Merritt, that Oldfield's actions in relation to Wood's termination deprived Wood of that property interest without due process. It remains for us to determine whether Wood's right to be free from such an unconstitutional deprivation was established with sufficient clarity at the time Oldfield acted to overcome the grant of qualified immunity. 56 Under Washington state law, Oldfield was covered by the following grant of immunity: 57 Neither the Supervisor of Banking, any Deputy Supervisor nor any bank examiner shall be personally liable for any act done by him in good faith in the performance of his duty. 58 Wash.Rev.Code Sec. 43.19.030. The good-faith limitation on this grant of immunity comports with well-established case law: 59 Government officials who perform discretionary functions are protected from liability for civil damages as long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

49 60 Lum v. Jensen, 876 F.2d 1385, 1386 (9th Cir.1989) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)), cert. denied, --- U.S. ----, 110 S.Ct. 867, 107 L.Ed.2d 951 (1990). Governmental "officials are charged with knowledge of constitutional developments at the time of the alleged constitutional violation, including all available case law." Id. at 1387. Whether an official enjoys qualified immunity is a purely legal question. Mitchell v. Forsyth, 472 U.S. 511, 528, 105 S.Ct. 2806, 2816, 86 L.Ed.2d 411 (1985). 61 While it is true that, under Merritt, Oldfield is chargeable with the knowledge that his involvement in Wood's termination might implicate federal procedural due process protections, we have found no case law in this or any other circuit addressing the question whether an employee has a protected property interest arising from an employment contract that provides for both at-will and for-cause termination. In a recent case, we described as "dichotomous" the normal approach to the question whether an employment contract gives rise to a property interest; at-will contracts do not create such an interest, while contracts containing for-cause provisions do. Wheaton v. Webb-Petett, 931 F.2d 613, 619 (9th Cir.1991). In Wheaton, we analyzed the plaintiff's contract with the Oregon management service, and held that "[t]he dichotomous reasoning that characterizes the cases [is] ill-adapted to predicting the treatment of a hybrid employment like Wheaton's." Id. Accordingly, we held that "Wheaton's property interest would not have been apparent to a reasonable official in Webb-Petett's situation." Id. 62 Likewise, in this case, it was not clearly established that an employment contract containing both for-cause and a conditional at-will termination provisions created even a limited property interest. As such, Oldfield had no way of knowing that his actions would deprive Wood of this property interest. Because this constitutional right was not clearly established when Oldfield set in motion the events which led to Wood's termination, he is entitled to the immunity from damages that accompanies his official position. 63 Wood also argues that Oldfield's actions deprived him of a liberty interest in his reputation and his ability to pursue his profession. "An individual has a liberty interest in employment protected by the Due Process Clause if the dismissal is 'for reasons that might seriously damage his standing in the community,' ... or if the dismissal effectively precludes future work in the individual's chosen profession...." Merritt, 827 F.2d at 1373 (citations omitted). Only the stigma of dishonesty or moral turpitude gives rise to a liberty interest; charges of incompetence do not. Roley, 869 F.2d at 495; Brady, 859 F.2d at 1552. One deprived of such an interest must show that "1) the accuracy of the charge is contested; 2) there is some public disclosure of the charge; and 3) the charge is made in connection with termination of employment." Matthews v. Harney County Or., School Dist. No. 4, 819 F.2d 889, 892 (9th Cir.1987).

50 64 Fatal to Wood's claim that Oldfield deprived him of a protected liberty interest is the fact that none of the public pronouncements for which Oldfield was responsible can be said to impugn Wood's morality or question his honesty. The two press releases issued by Oldfield, in January 1988 and in June 1988 attribute the problems at Liberty to poor management and bad loans. Wood's name is not mentioned in either release. The news stories that discuss the lawsuit brought by Liberty against Wood are based on information provided by John Burke, and there is simply no evidence that Oldfield instructed Burke to release that information to the press. As such, there are no genuine factual disputes, and the district judge properly awarded Oldfield's motion for summary judgment. 65 CONCLUSION 66 We hold that there are no genuine issues of material fact as to any of Wood's claims against Supervisor Oldfield. Accordingly, the district court's order granting Oldfield's motion for summary judgment is AFFIRMED. 1 In this context, a bank's assets are its loans. Loans that present repayment problems are "classified" by banks and regulators as substandard, doubtful or outright loss. The 1984 exam revealed that Liberty had $408,000 in classified assets, or 26% of the Bank's total capital. The quality of Liberty's assets and the procedures followed by the Bank in making those loans are crucial issues in this case 2 See Wash.Rev.Code Sec. 30.04.405 (procedures for acquiring or changing control of bank), and Wash.Rev.Code Sec. 30.40.020 (procedures for establishing new bank branch office) 3 Wood also alleges that Oldfield inquired as to how the people from up on the Hill would locate the downtown office. Brief at 10. This, Wood claims, implied that only Blacks from the current neighborhood would bank with Liberty 4 There was also a state examination conducted in March 1986. There is neither a written report nor any indication of the findings in the record

51 5 Wood argues in his brief that Oldfield could not have acted in November and December on the basis of the findings of a report not issued until February. There is ample support in the record, however, for Oldfield's claim that he was made aware, through conversations with the federal examiners and members of his staff, of the initial findings 6 The total amount of classified assets was $5,311,000, or 511% of the bank's total capital fund. The FRB found it "especially noteworthy" that some 40% of the total classified loans were made to individuals closely related to Wood. In reference to the stock recapitalization plan, the report noted that some of the loans were used by Wood and others to subscribe to a substantial amount of a new issue of bank stock 7 See Wash.Rev.Code Sec. 30.12.040 et seq. (authorizing the Supervisor to remove bank officers upon written notice indicating the grounds for removal and the date for the hearing, which hearing may not be earlier than ten days after the notice) 9 The Supervisory Directive was issued by the State in response to the Bank's failure to abide by the Written Agreement it signed with the State and the FRB 10 This differs somewhat from, for example, Title VII actions. There, the plaintiff generally must satisfy the four-pronged test established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). Even that test, however, is less than rigid. Id. n. 13; see also Lowe, 775 F.2d at 1006 ("a [Title VII] plaintiff can establish a prima facie case of disparate treatment without satisfying the McDonnell Douglas test") 11 Wood claims that Oldfield treated him with "overt racial animus and hostility." Yet with this one exception, Wood does not point to any action or statement by Oldfield that would support such a charge. Wood repeatedly asserts that Oldfield treated him as a "black man who would not stay in his 'place'." The statements upon which that charge is based, however, are attributed either to Mr. Malmberg, or to no one at all. We are especially hard-pressed to imagine how Wood's statement that "[a] white loan officer testified that she heard examiners referring to Liberty's employees as 'slimy niggers' " would assist this Court in determining whether Oldfield's actions were racially motivated. This is especially the case because the "white loan officer" testified that the comment was made by a federal examiner. While we take seriously such allegations as can be tied to

52 Oldfield himself, we note that Wood cannot impute to the appellee racist motives simply by conjuring a generalized, largely-unattributed specter of racism 12 For example, Wood asserts that Oldfield's "hypersensitivity" to the "Black bank" issue is direct evidence of racial animus. Again, however, having reviewed the record citations in support of this claim, we find them wholly unsupportive of Wood's claim. For the most part, the statements are either unattributed or expressly made by someone other than Oldfield. Moreover, we do not think that one can reasonably draw an inference of racism from the fact that a state official is concerned about how his actions regarding a minority-owned bank will be viewed by the public 13 The case was T & S Service Associates, Inc. v. Crenson, 666 F.2d 722, 724 (1st Cir.1981) (holding that the McDonnell Douglas principles are applicable to both Sec. 1981 and Sec. 1983 claims); see Sischo-Nownejad v. Merced Community College Dist., 934 F.2d 1104, 1112 (9th Cir.1991) (citing T & S Service with approval) 14 We have found no analogous Supreme Court or Ninth Circuit case discussing intentional racial discrimination under the equal protection clause that does not also include a Title VII claim. Our cases make clear, however, that the status of the Sec. 1983 equal protection claim generally depends on the outcome of the Title VII analysis. See Sischo-Nownejad, 934 F.2d at 1112-1113 ("A plaintiff who fails to establish intentional discrimination for purposes of Title VII ... also fails to establish intentional discrimination for purposes of Sec. 1983."); Lowe, 775 F.2d at 101011 (plaintiff who established a triable issue of fact regarding intentional discrimination under Title VII was therefore entitled to proceed with Sec. 1983 equal protection claim); Stones, 796 F.2d at 275 (because plaintiff did not establish racial discrimination under Sec. 1981 using McDonnell Douglas test, relief under Sec. 1983 was likewise foreclosed); Peters v. Lieuallen, 746 F.2d 1390, 1393 (9th Cir.1984) (because plaintiff failed to establish intentional discrimination under Title VII, claims under Secs. 1981 and 1983 must also fail) 15 We are aware that Liberty was subjected to more than two examinations during this period, but we are only concerned here with examinations that can be attributed to Oldfield--that is to say, with state examinations that took place during Oldfield's tenure as Supervisor. There were two such state examinations, in March 1986 and June 1987. The fact that state examiners were present during the federal examinations is irrelevant; whatever obstacles these federal examinations created are attributable to the FRB, and Wood does not allege that the mere presence of state employees made the federal examinations any more burdensome 16

53 There is language in Lowe, upon which Wood does not expressly rely, to support the proposition that summary judgment is not available against a plaintiff who alleges direct evidence of the defendant's racial discrimination. Lowe, 775 F.2d at 1009 (statement by defendant from which discriminatory intent can be inferred "necessarily ... raise[s] a genuine issue of material fact with respect to the legitimacy or bona fides of the employer's articulated reason for its employment decision"); see also Sischo-Nownejad, 934 F.2d at 1110-1112. However, Lowe, was subsequently amended to indicate that the Court did not mean to "prevent the summary disposition of meritless suits but simply ensure that when a material fact exists a civil rights litigant will not be denied a trial on the merits." Lowe v. City of Monrovia, 784 F.2d 1407 (9th Cir.1986), amending 775 F.2d at 1009. The relevant standard, then, is whether, viewing the evidence in the light most favorable to Wood, there exists a genuine issue as to whether Oldfield purposefully discriminated against Wood on the basis of race In both Lowe and Sischo-Nownejad, the plaintiff produced substantial circumstantial evidence of disparate treatment in addition to the direct evidence attributed to the defendants. Lowe, 775 F.2d at 1007 (alleged statements, "when viewed in conjunction with the fact that no Blacks were employed by the Monrovia Police Department at the time Lowe applied, create an inference of discrimination sufficient to establish a prima facie case.") (emphasis added); Sischo-Nownejad, 934 F.2d at 1112 ("the fact that stereotyped remarks were made by Sischo-Nownejad's superiors at the same time that they were subjecting her to less favorable working conditions is sufficient to raise an inference of discriminatory intent."). Here, we have only the one statement by Oldfield, and we find that that statement alone is insufficient to satisfy Wood's burden of production.

54 Liberty Bank Landmark Nomination EXHIBIT D Article from the website of the Black Business Network showing, among other things, how the name Liberty reflects a long-standing and proud Black tradition established by Marcus Garvey in 1919 http://www.blackbusinessnetwork.com/MarcusGarvey/ Marcus Garvey was one of the greatest Black leaders in history. Marcus Mosiah Garvey, Jr. was born in St. Ann's Bay, Jamaica on August 17, 1887. In 1910, he began traveling throughout Central America, the Caribbean and Europe. In his travels, he saw that Black people of the time owned nothing, regardless of where he went in the world, and were not united. He was determined to do something about it. So, in 1914, he returned to Jamaica and founded the Universal Negro Improvement Association (U.N.I.A.). The purpose of the organization was "to unite all people of African ancestry of the world to one great body to establish a country and absolute government of their own". Garvey moved to Harlem in 1916. He started speaking on street corners at night and lecturing at various halls and churches, spreading his powerful message of unity, social freedom, political freedom and economic freedom for Black people. Garvey had an amazing ability to communicate his ideas in a way that Black people could "feel" and relate to. In May of 1916, Garvey began a historic 38-state tour and took the United States by storm. In May of 1917, Garvey started the New York Division of the U.N.I.A. with 13 members. After only three months, the organization's dues-paying membership reached 3,500. By June 1919, the membership of the U.N.I.A. had grown to over 2 million members. By 1920, the U.N.I.A. had 1,100 chapters in 40 countries around the world. By 1926, the membership of the U.N.I.A. had grown to over 6 million members. Marcus Garvey built the largest Black organization in history.

55 Marcus Garvey's built huge businesses, encouraged entrepreneurship, and got millions of people buying from Black-owned business. He taught us all to be proud of our race and to unite as a people. In his own words, he taught us all to "Be Black, Buy Black, Think Black, and all else will take care of itself!". Those words have become a motto for the Black Business Network, almost a century later. The impact of Marcus Garvey has been huge. Inspired by his ideas, over 30 African countries have declared their freedom, and many sport Garvey's red, black and green colors in their flag. Many Black leaders like the Honorable Elijah Muhammad, Malcolm X, Dr. Martin Luther King, Minister Louis Farrakhan and more, have all publicly stated that they were inspired by Marcus Garvey. In 1969, the parliament of Jamaica proclaimed Marcus Garvey as the country's first national hero. Today, TAG TEAM Marketing is continuing the important work of Black economic independence, began by Marcus Garvey almost a century ago. Through the work of the members of the Black Business Network, Garvey's vision lives on.

Marcus Garvey's Black Businesses

56 Marcus Garvey has been called the angel of Black success. Garvey believed economic success was the quickest and most effective way to independence. The Negro World was established in January 1918 as a weekly newspaper to express the ideas of the organization. Garvey contributed a front-page editorial each week in which he developed the organization's position on different issues related to people of African ancestry around the world, in general, and the U.N.I.A., in particular. Eventually reaching a circulation of five hundred thousand, the newspaper was printed in several languages. It contained a page specifically for women readers, documented international events related to people of African ancestry, and was distributed throughout the African diaspora until publication ceased in 1933.

In 1919 the U.N.I.A. purchased the first of what would be numerous Liberty Halls (the name given to all U.N.I.A. meeting places). Located at 114 West 138th Street in New York City, the New York City Liberty Hall had a seating capacity of six thousand. It was dedicated on July 27, 1919. Garvey held nightly meetings at 1920's Advertisements For Several Garvey Businesses Liberty Hall that drew up to six thousand people at a time. Later that year the Association organized the first of its two steamship companies and a separate business corporation. In 1919 he also established the Negro Factories Corporation and offered stock for African Americans to buy. He raised one million dollars for the project. He wanted to produce everything

57 that a nation needed so that African Americans could completely rely on their own efforts. It generated income and provided jobs by its numerous enterprises, including a chain of grocery stores and restaurants, steam laundry, tailor shop, dress making shop, millinery store (clothing, fashion, hats, accessories, etc.), publishing house and doll factory. In New York City alone, Garvey owned several buildings, owned a fleet of trucks and had over 1,000 Black people working in his businesses. Marcus Garvey's U.N.I.A. also operated the Phyllis Wheatley Hotel (3-13 West 136th Street, New York, NY).

One of Marcus Garvey's Stores In New York City

58 His most famous business venture was a shipping company known as the Black Star Line. Garvey started the shipping company in 1919 as a way to promote trade but also to transport passengers to Africa. He believed it could also serve as an important and tangible sign of Black success. The Black Star Line, Inc. was incorporated in Delaware as a U.S. domestic corporation on June 27, 1919. It began with ten million dollars in investment capital. It sold shares individually valued at five dollars to both U.N.I.A. members and non-members alike. Proceeds from stock sales were used to purchase first the S.S. Yarmouth and then the S.S. Shadyside. The Shadyside was used by the Association for summer outings and excursions, as well as rented out on charter to other organizations. S.S. Yarmouth, one of Marcus Garvey's Four The Black Star Line later purchased the Black Star Line Steam Ships Kanawha as its third vessel. This small yacht was intended for inter-island transportation in the West Indies and was rechristened the S.S. Antonio Maceo. With the growth of its membership from 1918 through 1924, as well as, income from its various economic enterprises, U.N.I.A. purchased additional Liberty Halls in the USA, Canada, Costa Rica, Belize, Panama, Jamaica, and other countries. Furthermore, U.N.I.A. purchased farms in Ohio and other states. U.N.I.A. also purchased land in Claremont, Virginia with the intention of founding Liberty University. By 1920 the U.N.I.A. had over 1,100 chapters in more than 40 countries. Most of the chapters were located in the United States, which had become the U.N.I.A.'s base of operations. There were, however, offices in several Caribbean countries, with Cuba having the most. Chapters also existed in such diverse countries as Panama, Costa Rica, Ecuador, Venezuela, Ghana, Sierra Leone, Liberia, India, Australia, Nigeria, Namibia and Azania/South Africa. In September, 1926 the U.N.I.A. celebrated the opening Liberty University. They acquired Smallwood-Corey Industrial Institute located in Claremont, Virginia. The school property included several buildings and sixty-six acres of land along the St. James River. 56 young U.N.I.A. members became students there beginning with the fall session in 1926.

Garvey's U.N.I.A. Convention In August, 1920

59

For the entire month of August 1920, Marcus Garvey's U.N.I.A.-ACL organization held its first international convention in New York City. Most events were held at the New York Liberty Hall. It's biggest events were held at New York City's world-famous Madison Square Garden. An estimated 25,000 Black people attended the convention from all around the world. Delegations from 25 African countries were in attendances as well. During the convention, they discussed and created a revolutionary document called The Declaration of Rights of the Negro Peoples of the World. It was one of the earliest and most complete documents advocating human rights and detailing the abuses against Black people worldwide. It also sought the uplift of the Black race and encouraged self-reliance and nationhood. On August 13, 1920, they voted and made the declaration official. One of the most Convention Address by Honorable Marcus Garvey Delivering Constitution for Negro Rights notable declarations of this document was one proclaiming the red, black and green flag at Liberty Hall in New York City

60 the official banner of the African race.

The red, black and green flag has become a symbol of Black unity and pride all over the world. Many African countries sport the colors in their flags, symbolizing their inspiration by Marcus Garvey, including Ghana, Kenya, Ethiopia and others. The red, black and green flag became a symbol of Black pride, Black power, and Black nationalism in the 1960s. The African American holiday Kwanzaa, founded in 1966, uses the colors red, black and green as well. We proudly sport the red, black and green flag in the Black Business Network.

Garvey Parades In Harlem, New York

61 Marcus Garvey understood the importance of gathering Black people together to experience Black unity and instill race pride. Garvey held phenomenal conventions, the likes of which had never been seen before. Garvey opened his conventions with parades in Harlem that featured 100,000 Black people marching down Harlem streets. In these parades, members of the various U.N.I.A. programs wore their uniforms and marched proudly as the finest examples of Black excellence, discipline and unity most people had ever seen. The parades featured the Black Cross Nurses, Universal African Motor Corps, the Universal African Legion, The Juveniles, U.N.I.A. cultural/artistic groups and other auxiliaries, bands, and international division representatives, all in full ceremonial dress, carrying banners with the inscriptions: "Africa for the Africans!", "The Negro Wants Liberty!", and "Liberty or Death!" They were the greatest parades ever staged anywhere in the world by Black people. Marcus Garvey and members in a U.N.I.A. Parade Marcus Garvey wore a purple and gold uniform with a feathered helmet.

Members of the U.N.I.A.'s male Universal African Legion dressed in striking dark blue military uniforms. They studied military discipline as well as the geography of Africa, mathematics, reading and writing and other subjects . They were the most striking group of Black men ever seen by most Black people of the day. Garvey's African Black Cross Nurses were modeled after the Red Cross. Although some members had formal medical training, most worked with practical training in first aid and nutrition. The auxiliary performed benevolent community work and provided public health services to black neighborhoods, specializing in infant health and home care. In U.N.I.A. parades, the Black Cross Nurses made a striking appearance in long hooded white robes or green nursing uniforms.

62 Members of the female Universal African Motor Corps were trained in automobile driving and repair, as well as military discipline and marched in the parades in beautiful red, black and green uniforms. Members of Garvey's Black Eagle Flying Corps were trained as airplane pilots. They also wore red, black and green uniforms.

Sisters Marching In U.N.I.A. parade in Harlem, NY

The Juvenile Divisions, the youth corps of the Garvey movement, were divided into classes according to age. The infant class (ages one through seven) studied the Bible, the doctrine of the U.N.I.A., and the history of Africa. After the age of seven, the children were segregated by sex. Girls were taught sewing, boys woodcraft, and both received further instruction in Black history, economics and etiquette. After the age of thirteen, boys received military training to prepare them for membership in the African Legion, while girls learned hygiene and domestic science in order to prepare them to be Black Cross Nurses. In the U.N.I.A. parades, the boys marched in blue uniforms and the girls in green dresses.

Marcus Garvey Youth Parade

63

Marcus Garvey Traveling On a Train in 1911

Marcus Garvey's U.N.I.A. Parade In Harlem, NY

64

Marcus Garvey's U.N.I.A. Parade In Harlem, NY, 1924

65

Liberty Bank Landmark Nomination EXHIBIT E DECEMBER 2012 SAN FRANCISCO BAYVIEW ARTICLE ABOUT THE MARCUS GARVEY MOVEMENTS LIBERTY HALL IN OAKLAND, CA http://sfbayview.com/2012/save-liberty-hall-the-marcusgarvey-building-in-west-oakland/

Save Liberty Hall, the Marcus Garvey Building in West Oakland

December 29, 2012 8

National historic landmark taken over by Florida hedge fund town hall meeting Saturday, Dec. 29, 4 p.m., 1485 Eighth St., West Oakland

by Shake Anderson The Marcus Garvey Building, also known as Liberty Hall, is an A-1+ rated national historic landmark that has fallen victim to the mortgage crisis and has been taken from the community through a foreclosure bulk purchase by Citi Property Holdings, Inc., a Florida-based hedge fund, along with more than 20 other properties. Citi Property Holdings, Inc., a subsidiary of the giant

66 CitiGroup, which also owns CitiBank, refused to honor the 10-year lease held by the current lessee, Overcomers With Hope (OWH), resulting in OWH losing $170,000 worth of grant funding to repair Liberty Hall and continue to run their programs. This national historical landmark, located at 1485 Eighth Street in West Oakland, has been servicing the community for over 100 years, operated by and for the people. Formerly Post 188 of Marcus Garveys Universal Negro Improvement Association (UNIA), the building was also the home to the Black Pullman Porters, Father Divine and Jubilee West, and it was the first dollar store in West Oakland.

This national historical landmark, located at 1485 Eighth Street in West Oakland, has been servicing the community for over 100 years, operated by and for the people.
Currently, it is the home of Overcomers With Hope (OWH), a non-profit organization that trains at risk youth in television and digital arts media production, Jack London Square Church of God in Christ, the West Oakland Community Information and Resource Center and the new headquarters for Pitch Mixer Entrepreneur Forum and Intuitive Interactive outreach programs for developing STEM and entrepreneurial skills in this underserved community. Overcomers With Hope, founded by Bishop J. E. Watkins, a 2010 Jefferson awardee recognized for his work in providing outreach to at risk youth, also uses the building as a community center that makes referrals for jobs and training, food, utilities restoration, housing search and financial assistance.

Join the fight to keep Liberty Hall, the Marcus Garvey Building, in the hands of the West Oakland community that it has cared for, loved and served for more than 100 years. Photo: Charles Berkowitz Citi Property Holdings is demanding that Overcomers With Hope vacate the premises and find a new home by Feb. 2, 2013, for over $1 million worth of donated media equipment, and find a new place to render services to the community, putting their constituents in West Oakland at further risk.

67 The community has organized and participated in town hall meetings to save this Marcus Garvey building, Liberty Hall, to keep this historic building and the services it provides alive in West Oakland. Overcomers With Hope made a fair offer to purchase the property based on the current condition of the building and were denied by Citi Property Holdings. They have also put together 30-, 60- and 90-day plans that include upgrading the building with seismic retrofitting, installation of solar panels to provide electricity, and a ramp up of the information center that will help give this underserved community access to job information towards the 5,000 new positions that will be made available through the redevelopment of the Oakland Army Base.

Learn more and get involved

Join the fight to keep Liberty Hall, the Marcus Garvey Building, in the hands of the West Oakland community that it has cared for, loved and served for more than 100 years. Town hall meeting: A public town hall meeting will be held this Saturday, Dec. 29, 4 p.m., at the Marcus Garvey Building, Liberty Hall, 1485 Eighth St., West Oakland a. Visit the Facebook event page for more information. We are looking for supporters in the area of community, media and press outreach as well as finance and fundraising support to help us meet our aggressive goals to save this building. If you can help in any of these areas, we need you there. If you are not sure how you can help but want to help anyway, we will train you. See you there! Together we can save the Marcus Garvey Building and #SaveLibertyHall! Petition: Sign the petition at http://www.change.org/petitions/citi-property-holdings-inc-savethe-marcus-garvey-building-home-of-overcomers-with-hope and ask everyone you know to sign it. Facebook: Visit Save the Marcus Garvey (U.N.I.A.) Building on Facebook for the latest updates. Twitter: Follow https://twitter.com/savelibertyhallOfficial and tweet: Join me at the Town Hall Meeting 12/29 4pm 1485 8th Street Oakland to #SaveLibertyHall RSVP http://www.facebook.com/events/306515392793198/ Help me #SaveLibertyHallOfficial by signing the petition: https://www.change.org/petitions/citi-property-holdings-inc-save-the-marcus-garveybuilding-home-of-overcomers-with-hope Oakland needs your help to save this historical landmark Donations: Go to Help Save Marcus Garvey Building on WePay: https://www.wepay.com/donations/help-save-marcus-garvey-building Shake Anderson can be reached at (510) 478-2316 or shake9169@gmail.com.

68 Liberty Bank Landmark Nomination EXHIBIT F: SEATTLE PLANNING COMMISSIONS OBITUARY FOR MEL STREETER, THE ARCHITECT WHO DESIGNED LIBERTY BANK http://www.seattle.gov/planningcommission/melStreeter.htm
Departments | Services | Staff Directory | My.Seattle.Gov

Seattle.gov

This Department

WHO WE ARE WHAT WE DO DEMOGRAPHER'S CORNER LINKS & RESOURCES

In high school he was told by a counselor that he couldn't become an architect because he was black, the Seattle Times reported in a 1996 profile. He later applied to 22 architecture firms before he was hired. In 1967 he opened the first blackowned architecture firm in Seattle, Mel Streeter Architects. Mel Streeter was born in Riverside , California in 1931. He was an athlete who played both football and basketball and attended the University of Oregon on a basketball scholarship. He met his wife, Kathleen Burgess, a white woman, in college and they married in 1954. They were one of the first interracial couples allowed to marry in Oregon. Some of Mel Streeter's recent accomplishments include John Muir Elementary School and the Rainier Beach High School Performance Hall. He also designed a 64-unit senior housing complex tied to the Mount Zion Baptist Church, a pillar of the black community in Seattle. Mr. Streeter was also part of the team that designed Safeco, Qwest Stadium, and the Pacific Place area at SeaTac airport. He was also a founding

69

Member of the AIA Seattle Diversity Roundtable. He is survived by his wife, Kathy, their fours sons: Doug, an architect living in London; Jon, an attorney living in Berkeley, California, Kurt, a reporter living in Los Angeles, and Ken, a screenwriter in Seattle and four grandchildren. Comments from past Commissioners Mel's physical presence combined with his open, warm personality made him someone that everyone wanted to get to know. While he commanded respect with his reputation as a well-known architect, he was also admired and known for his passion for young people and education. I remember Mel's "spotlight" when he shared about himself with Planning Commissioners -- he chose to share slides of his work over the years and showed clear pride in the his public projects that improved neighborhoods and opportunities for youth. Mel was one of the busiest people I ever knew, but he always made time for Planning Commission meetings and events. This did require some behind the scenes coordination with Barbara, his assistant, to make sure he was at the right place at the right time! Even after he had finished his second term, he was willing to facilitate Commission sponsored community workshops, helping community members create design ideas for their future. Having lived in several Seattle neighborhoods, Mel brought a wealth of knowledge and a broad understanding of the issues of creating strong neighbhorhoods. He was a champion of the poor and had a strong commitment to low income housing and giving minority youth encouragement to strive for their dreams. He truly provided a moral compass in our Planning Commission discussions and deliberations and in community workshops and events. He inspired us to be compassionate and to always seek ways to help those who don't have a voice. -- Marty Curry

Mel Streeter was a giant! Besides being a big man physically, his professional and community contributions are larger than life. I had the honor of serving on the Planning Commission with Mel, and really enjoyed the informal times we had together to tell stories. His were much better than mine. He loved Seattle intensively, and gave his valuable insights to neighborhood plans and citizen planners with great relish. And, wherever he is now, I know that he's coaching, teaching, and mediating just like he did here. I treasure our friendship, Mel. --Roger Wagoner

70

Mel was a friend, mentor and collaborator to me. And also a fun guy to be around. --Kenichi Nakano

I met Mel on my first year serving on the Seattle Planning Commission. Mel made a special effort to welcome me to the Commission. Shortly after meeting him for that first time, we ran into each at a business event. He immediately came over to greet me. He generously spent quite some time chatting with me. It was a joy to get to know him. His passion and enthusiasm was absolutely contagious and I'm grateful to have the opportunity to know him and work along side him on the Planning Commission. Mel was inspirational. -- Lyn Krizanich

Mr. Streeter was that gentleman we admired from afar, always intended to chat with, but never had the opportunity. His design of the African American Academy will forever be a testimony to his ability. -- Gregory Davis

"Mel served two full terms on the commission and overlapped with me for about four of those. Additionally we have known each other and have beenfriends for a long time; we currently have a project nearing permit with Streeter and Associates. Mel was a very active and thoughtful commissioner and very willing to speak out for good and inclusive planning issues. His illness progressed very quickly recently; he had a number of things he was interested in and had wanted to do, including being in the middle of renovating his house. I respect Mel a lot. It is a blow." -- Val Thomas

"Mel and I joined the Planning Commission at the same time and served together for five years. He was a genuine pleasure to work with. He was interested in topics and people, asked insightful questions and talked emotionally about people who had served as mentors over the years. He believed in the value of neighborhoods and in neighborhood planning (despite wading through all those 37 plans!) and in leaving the

71

world a better place. He was a good friend." -- Karen Daubert

"I feel privileged to have served with Mel on the Planning Commission as well as having been a client of his firm. I appreciated Mel's perspective on our city both on the built environment and the social fabric. He brought his architectural and planning perspective to many city wide and neighborhood specific issues. No one could forget his deep voice and gracious smile. Many speak of Mel's impact as a role model to them. For others of us it was, and is, a reminder of where we still need to go to be a community where opportunity is truly open to all. Thank you Mel, I will miss you." -- Chuck Weinstock

Planning Commission Home | About Us | Contact Us | Projects | Commissioners | Meetings | Publications | Links

72 Liberty Bank Landmark Nomination EXHIBIT G: SEATTLE TIMES OBITUARY FOR LIBERTY BANK ARCHITECT MEL STREETER http://seattletimes.com/html/obituaries/2003062398_streeterobit15m.html Home delivery Contact us

Traffic | Weather | Your account

Search

Movies | Restaurants | Today's events

Advanced search Home Thursday, June 15, 2006 - Page updated at 12:00 AM Local Print Nation / World Business / Tech Editorials / Opinion Columnists Sports Entertainment Comics / Games Living Pacific Northwest Magazine Travel / Outdoors

Architect Mel Streeter "left a legacy of his creative genius"

By Jerry Large Seattle Times staff reporter

Seattle architect Mel Streeter died Monday after a five-year struggle with amyloidoisis. Seattle architect Mel Streeter was the ultimate optimist. That spirit allowed him

73 Real estate Obituaries time and again to do things others told him would be impossible, and it kept him going when amyloidoisis a disease that destroys internal organs began to destroy his heart and lungs.

Special reports Mr. Streeter died Monday evening, surrounded by his family. Few knew how sick he had been for the past five years. His son, Kurt, said the disease slowed his Photography father but it didn't keep him from working until just recently, and he'd downplay his problems when friends asked. Corrections Mr. Streeter was 75. His architectural firm, Streeter and Associates, designed the African American Academy, the Northwest Regional Headquarters for the Archive Federal Aviation Administration and the Auburn City Hall. Alerts / EStreeter and Associates also participated in designing Qwest Field and Safeco mails Field, among many other projects. Marketplace But when Mr. Streeter came to Seattle in 1955 he had to struggle just to land a job as an architect. Jobs Autos Homes Rentals Classifieds Shopping NWsource Personals Post an ad Services He is known for his nurturing of young black architects. Sam Cameron, one of Your account the principals of Streeter and Associates, said that in the 1970s when he was just out of school and looking for a job, Mr. Streeter helped him find a position. Contact us Mr. Streeter is also known for his civic involvement. He was a member of Tabor Submit listings 100, The Breakfast Group and Kiwanis. He served on the Seattle Planning Commission from 1989 to 2000. Send us news Former Mayor Norm Rice said, "Mel has left his imprint on so many of our tips structures. He has left a legacy of his creative genius that we can hold in tribute ... While there, he met and married Kathleen Burgess in 1954, another pioneering act, since she was white, and Oregon had lifted its ban on interracial unions only three years earlier. In an interview with The Seattle Times 10 years ago, Mr. Streeter said, "I love a challenge." He applied to 22 firms before finding one willing to hire a young African American. Mr. Streeter grew up in Riverside, Calif. His father was a porter and his mother a cook. A mechanical-drawing class in high school ignited his love of architecture and his determination did the rest. Mr. Streeter was an accomplished athlete, tall and muscular. He was recruited by legendary UCLA basketball coach John Wooden, but he chose to attend the University of Oregon instead, because it offered him a chance to study architecture.

74 Seattle Times ." He said Mr. Streeter helped sustain the drive to create an African-American store museum. Advertise with Kurt Streeter said his father's character is reflected in the accomplishments of his us sons. RSS feeds Wireless Doug is a noted London architect who plans to join the leadership of his father's firm. Jon is an attorney who was president of the San Francisco Bar Association last year. Ken is an aspiring screenwriter. Kurt is a reporter for the Los Angeles Times. One of his stories was nominated for the Pulitzer Prize last year.

Newspapers In "The great thing about my dad, he was just a champion of everything we would Education do," Kurt said. "From the time I was a toddler, I remember him saying, 'You can Home delivery be anything you want.' No limitations is what he provided me, and he did the same for my brothers." e-Edition Mr. Streeter is survived by his wife, Kathleen; his four sons, Doug, London; Jon, Berkeley, Calif.; Ken, Seattle; and Kurt, Los Angeles; and four grandchildren. Mr. Streeter will be buried in California with his parents and brother. The family is planning a Seattle memorial service this summer. Jerry Large: 206-464-3346 or jlarge@seattletimes.com.

Liberty Bank Landmark Nomination EXHIBIT H:

75 SEATTLE TIMES GUEST COLUMN BY AFRICAN AMERICAN HERITAGE MUSEUM & CULTURAL CENTER CO-FOUNDER CHARLIE JAMES, MENTIONING THE INVOLVEMENT OF FELLOW CO-FOUNDER OMARI TAHIR GARRETT, SON OF LIBERTY BANK CO-FOUNDER HOLBROOK LAWRENCE GARRETT http://seattletimes.com/html/opinion/2004292992_charliejames20.html

Winner of Eight Pulitzer Prizes Guest columnist

The complete history of Seattle's newest museum

I came to the opening of the Northwest African American Museum in Seattle as an uninvited and unwanted spectator. It was not the way I had envisioned celebrating the opening of this facility. By Charlie James Special to The Times I came to the opening of the Northwest African American Museum in Seattle as an uninvited and unwanted spectator. It was not the way I had envisioned celebrating the opening of this facility. I was one of the four people, including Earl Debnam, Omari Tahir Garrett and Michael Greenwood, who led the takeover of the old Colman School in 1985. We were fueled by the idea that a museum there, to tell the history of our community and our people, was essential for the future. We held control of the site for more than 20 years, the longest-running such claim on a public building in America. I personally stayed in the school for more than six months. I finally left to work for Brock Adams' campaign for U.S. Senate. But in those six months, we became as one with the building as we walked the hallways, on lookout in the middle of the night. We merged our hearts and souls with that building. The vision of what we dreamed of accomplishing sustained us through the cold nights, even as we waited for the police to rush the

76 building in an attempt to evict us. Thanks to two African-American members of the Seattle School Board, Michael Preston and T.J. Vassar, authorities held off. After Adams won his Senate seat, I left the museum effort to work on Adams' staff in Seattle. I later went to work for the Democratic Central Committee, serving as the first African-American field coordinator in the Louisiana Democratic Party's long history. But my heart was in Seattle. Declining an offer to stay in Louisiana, I returned here in 1988, and not long after was pulled right back into the struggle to build the African American Museum. It is necessary to say that the museum activists, primarily Garrett and sometimes Debnam (who was board chairman by the time I came back to Seattle), were not eager to work with the traditional black leadership, nor were those traditional leaders eager to work with us. This continued even when Norm Rice was elected mayor. The effects of this difference of view can still be felt today. We wanted a well-developed cultural center as part of the museum project, but it was not incorporated into the current Urban League Village concept of a museum and apartments. It still must be put in place. A museum can tell you about your past, but a cultural center is for the present and the future. I'm proud to have played a major role in the creation of the two largest African-American cultural institutions ever built in the Pacific Northwest. Martin Luther King Jr. Memorial Park is the second-largest of its kind in the nation and sits in the heart of Martin Luther King County. Fewer than three blocks away is the Northwest African American Museum it's almost a cultural park. Since arriving in 1971 to attend the University of Washington, I have watched the community grow for four decades. I firmly believe that we can make Seattle a model African-American community for the nation. We already are the best-educated African-American community in the nation, we are politically ahead of most, and our cultural institutions are on par with communities much larger than ours. But let's tell the truth about the museum. A museum is a place where the history of your community is supposed to be told as accurately as possible. If we cannot be honest about the history of the creation of the museum itself, then anything we are doing inside is tainted. Almost everything that African Americans have achieved in America has been through the efforts of activists. People courageous enough to break down racial, political and social barriers were essential in getting this nation to accept racial equality at any level. We celebrate the civilrights activist every time we observe the birthday of the Rev. Dr. King and march in his honor. Though I refused to go into the Northwest African American Museum on its opening day and don't ever intend going inside, I encourage all of you to go and see it for yourself and celebrate what we went through in making Seattle a comfortable community for people of African descent.

77 Just don't forget that so much of what we have achieved was because of people who were willing to push the envelope and make things happen. It did take many hands to build this project. But, it was our hands that took the boards off the windows at Colman School and occupied it, leading to the Northwest African American Museum being there. It's a shame that our handprints cannot really be found anywhere around the Urban League Village at Colman School. Charlie James is a writer and longtime community activist in Seattle.

Liberty Bank Landmark Nomination EXHIBIT I:

78 OBITUARY OF LIBERTY BANK CO-FOUNDER JAMES C. PURNELL http://djcoregon.com/news/2005/03/29/james-c-purnell-black-banking-pioneer-in-seattle-deadat-84/

1. Daily Journal of Commerce > Columns > Law > James C. Purnell, black banking pioneer in Seattle, dead at 84

James C. Purnell, black banking pioneer in Seattle, dead at 84

POSTED: Tuesday, March 29, 2005 at 01:00 AM PT BY: admin SEATTLE James C. Purnell, a Navy construction engineer who became a black lending industry entrepreneur and helped establish Washington states first black-owned bank, is dead at 84. Purnell died March 24, eight days after he was hospitalized because of chest pains, friends and relatives said. He grew up in poverty in Memphis, Tenn., and was 20 when he followed his father to Seattle in 1941, accompanied by his wife and 1-year-old daughter, because his father told him there was more opportunity for blacks in the city. While serving in the Navy from 1946 to 1967, he joined the all-black Masonic Prince Hall Grand Lodge, joined other lodge members in opening the Sentinel Credit Union in 1958 and managed it for 12 years. Ten years later Purnell and his wife were among the 10 founders of Liberty Bank. Purnell was president of the bank from 1972 until 1986. He also was president of the National Bankers Association, a trade organization for minorityowned banks, and met with President Carter in 1977 to advocate for better financial services in minority areas and for more minority-owned financial institutions. That year, following reports on the practice of redlining a refusal of many banks to provide loans or other financial services in poor, predominantly minority neighborhoods Congress adopted the Community Reinvestment Act to encourage greater bank investment in such places. Sentinel eventually merged with the credit union of the National Association for the Advancement of Colored People, which in turn was absorbed by another entity that became 1st

79 Security Bank of Washington. After a series of financial setbacks, Liberty Bank was absorbed by KeyCorp of Cleveland. Now more people have access to financial services because of Liberty and what they did, said former Mayor Norm Rice, a banker who described Purnell as a mentor. If there hadnt been a James Purnell and a Liberty Bank, you mightnt have gotten the attention necessary for African Americans to move into the financial mainstream. Survivors include his wife of 67 years, Mardine Purnell; daughters Carolyn Jean Purnell and Mardine Michelle Purnell-Hepburn, both of Seattle, and two granddaughters. A memorial service was set for March 28 at Bleitz Funeral Home.
More

Read more: http://djcoregon.com/news/2005/03/29/james-c-purnell-black-banking-pioneer-inseattle-dead-at-84/#ixzz2hCLf9YtC

Liberty Bank Landmark Nomination EXHIBIT J: JUNE 28, 2013 AFRICATOWN/CHINATOWN NEWS DIGEST

80 DECLARATION OF LIBERTY BANK AS A HISTORIC LANDMARK http://africatownchinatownnewsdigest.wordpress.com/category/occupy/

Africatown Community declares Liberty Bank a Historic Landmark

Jun 28 Posted by africatownchinatownnewsdigest Central District News Independent news & discussion, 24/7 Africatown Community declares Liberty Bank a Historic Landmark Posted on June 27, 2013 by africatowncommunity The Africatown Community has declared The Liberty Bank of Seattle and Historical and Cultural Preservation site. Liberty was chartered in 1968 and was the Pacific Northwests first and only black owned bank. The property address is 2320 E Union WA 98122 located where the old Key Bank now stands. Liberty Bank was brought into a legal lawsuit in the early 1990s. The Seattle Historic Preservation Program. In 1970, the Seattle City Council secured Pioneer Squares survival with the Citys first historic preservation district, and voters approved an initiative for the Pike Place Market historic district two years later. In 1973, the Seattle City Council adopted a Landmarks Preservation Ordinance to safeguard properties of historic and architectural significance around the city. Historic Preservation Program. Whether its a 19th century log house, an Art Deco school or a prehistoric shell midden, these places are silent witnesses to the history of King County and to its peoples lives and cultures. The Africatown Community feels it is in the best interest of the community as a whole, for its only black owned bank to be designated a Historical and Preservation site. To read more regarding the lawsuit that involved Liberty Bank, refer to the link below: Liberty Bank FDIC Certificate #:27268

81 940 F.2d 465: Federal Deposit Insurance corporation, As Receiverfor Liberty Bank of Seattle, Plaintiff, v. Sim Henderson, et al., Defendants.J.Thomas Wood; Barbara Wood, Husband and Wife, Defendants-counter-claimants-plaintiffs-appellants, v. Thomas Oldfield, Counterdefendant-appellee. Liberty Bank Lawsuit

Liberty Bank Landmark Nomination EXHIBIT K: LIBERTY BANKS ENTRY IN WWW.BANKENCYCLOPEDIA.COM http://www.bankencyclopedia.com/The-Liberty-Bank-of-Seattle-19817-Seattle-Washington.html

82

Banks
US Bank Profiles
Bank Search: bankencyclopedia.com Banks

The Liberty Bank of Seattle in Seattle, Washington (WA)

Show street view Table of contents: Overview: General Location Financial The Liberty Bank of Seattle FDIC Certificate #: 19817 Status: Inactive Closing history: Absorption - Assisted Acquiring institution: The Emerald City Bank (#27268) Federal Reserve ID: 522173 Date Established: May 31, 1968 Bank Charter Class: Commercial bank, state charter and Fed member, supervised by the Federal Reserve (FRB) Offices: 1 (Interstate: No) FDIC's unique #: 13610 Numeric code: 13 Regulator: FED

o o o

General

83 Insurance Fund Membership: Bank Insurance Fund (BIF) Bank Insurance Fund: Yes Insured commercial Banks: Yes FDIC Insured: Yes State Chartered: Yes Date of Deposit Insurance: May 31, 1968 Last Structure Change Effective Date: June 17, 1988 Last Structure Change Process Date: June 22, 1988 Last Data Update: October 04, 1990 Data Source Date: April 05, 2012 Address: 2320 East Union Street, Seattle, WA 98122 County: King Quarterly Banking Profile Region: San Francisco FDIC Geographic Region: San Francisco FDIC Supervisory Region: San Francisco FDIC Field Office: Seattle Office of the Comptroller the Currency (OCC) District: Midwest Office of Thrift Supervision Region: West Metropolitan Statistical Area (MSA): Seattle-Bellevue-Everett, WA (#7600) Consolidated Metropolitan Statistical Area (CMSA): Seattle-TacomaBremerton, WA (#91) Combined Statistical Area (CSA): Seattle-Tacoma-Olympia, WA (#500) Core Based Statistical Area (CBSA): Seattle-Tacoma-Bellevue, WA (#42660) CBSA Metro Statistical Area: Seattle-Tacoma-Bellevue, WA (#42660) Core Based Statistical Division: Seattle-Bellevue-Everett, WA (#42644) Total assets: $19.1 mil

Location

Financial Summary

Read more: http://www.bankencyclopedia.com/The-Liberty-Bank-of-Seattle-19817-SeattleWashington.html#ixzz2hCi5EUai

84

APPENDIX

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100