A. A charter school shall hire its own employees. The provisions of the School Personnel Act [N.M. Stat. Ann. Chapter 22, Article 10A] shall apply to such employees. The head administrator of the charter school shall employ, fix the salaries of, assign, terminate and discharge all employees of the charter school.

B. The head administrator of a charter school shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in- law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother- in-law, sister or sister-in-law of a member of the governing body or the head administrator. The governing body may waive the nepotism rule for family members of a head administrator.

C. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008.