The Northern Cheyenne Tribal Council is feuding with its president. Here’s what we know so far.

Tensions are high on the Northern Cheyenne Reservation, where members of the tribe’s legislative branch are feuding with the tribal president. Located in southeast Montana, the reservation is home to 4,329 people. 

The Northern Cheyenne Tribe has three branches of government — executive, legislative and judicial. The tribe adopted its Constitution in 1935 after Congress passed the Indian Reorganization Act, which pushed tribes to adopt government structures similar to those of the United States. Councilmembers serve staggered four-year terms.

The situation is dynamic, but here’s what to know about the dispute as of Sept. 12 at 5 p.m.:

• Gene Small, who campaigned on the issues of transparency and accountability, was narrowly elected president of the Northern Cheyenne Tribe last November. In the spring, with council approval, he authorized a forensic audit into the tribe’s use of federal coronavirus relief dollars.
• After a physical altercation broke out in the tribal council chambers during an Aug. 18 meeting, the council Aug. 25 announced future meetings would be closed to in-person attendance but available on YouTube. The move sparked outrage among community members, who called for transparency. 
• Tribal Councilmember Melissa Fisher, who represents the Ashland District, Sept. 5 submitted to the council a complaint alleging Small violated the tribal Constitution and calling for his removal. Fisher alleges that Small misused his power to preside over council meetings by “selectively choosing” which meetings to oversee, violated the tribe’s separation of powers laws, misused tribal funds and violated the tribe’s code of ethics. 
• Eight members of the council’s legislative branch in a Sept. 8 special session voted to hold a removal hearing for the president Sept. 11. Councilmember Torrey Davie, representing the Busby District, opposed the move, telling his colleagues at the meeting it was a “power play by the council to get rid of people that are trying to hold people accountable.” Davie was the only “no” vote, though the president, vice president and another councilmember were not present at the meeting. The motion to hold a removal hearing for the president passed in a 7-1 vote.
• In a letter to President Small, Bureau of Indian Affairs Superintendent of Northern Cheyenne Agency Andrew Werk, Jr., wrote the council’s resolution that scheduled a removal hearing for the president “is hereby disapproved,” as it lacked the necessary signatures. Werk previously served as the president of the Fort Belknap Aaniiih and Nakoda Tribes. 
• A group of traditional tribal leaders met on the evening of Sept. 10, and according to a video shared by the president, the group announced it wanted members of the legislative branch to step down, as well as the tribal secretary and treasurer. The move harkens back to a time before the tribe ratified its Constitution in 1935. 
• On the morning of Sept. 11, a group of protesters marched from the Bureau of Indian Affairs office to the tribal offices. They held signs supporting the president and traditional leaders.
• The tribal council in a statement Sept. 11 said that when the Constitution was adopted “our Chiefs gave up their governing authority.”
• On Sept. 11, members of the council held two meetings, which, while closed to in-person attendance, were streamed on YouTube. In the first meeting, members acknowledged the letter from BIA Superintendent Werk but said he did not have the authority to disapprove the resolution scheduling a removal hearing for the president. Later in the afternoon, eight members of the council voted to act on Fisher’s complaint and remove the president. Two members of the legislative branch, Davie and Theresa Small of the Lame Deer District, did not attend the meeting. President Small and Vice President Ernest Littlemouth were also not in attendance. 
• In a video statement Sept. 12, President Small said the council’s vote to remove him was “null and void.” “I am still your president,” he continued. “The Chiefs made that clear yesterday … and they’re in charge now, so I’m going to stand with them.”
• Small announced Sept 12 that he had sent the Chiefs’ declaration calling for the dissolution of the tribal council to the Bureau of Indian Affairs. He said he also sent an executive order to the federal agency ordering the suspension of the council.
• Moments later, the Northern Cheyenne Tribal Council issued a four-page statement defending its power. The council stood by its removal vote of the president and said the Chief’s declaration “is not valid.” 
• A Sept. 12 Bureau of Indian Affairs statement, released by the tribal council, said the federal entity recognizes each of the elected councilmembers, the tribal secretary and treasurer and President Small “as the governing body of the Northern Cheyenne Tribe.”
• The next tribal council meeting is scheduled for Monday, Sept. 15.
• As of 5 p.m. Sept. 12, it remained unclear which entity — the council, Chiefs, president or Bureau of Indian Affairs — had the final say in the matter. 

Montana Free Press will continue to follow this situation and provide updates as events unfold.