In Gibson v. Board of Education of Newark, 205 N.J. Super. 48, 500 A.2d 27 (App.Div.1985), the legislature created the office of executive superintendent exclusively responsible for the day-to-day educational, fiscal and operational activities of the district and the concomitant allocation to the Newark Board of Education of a role limited to policymaking. See N.J.S.A. 18A-17A-3 and -7. In Gibson, the Newark Board of Education did not have the authority to appoint Counsel to the Board. Therefore, the Appellate Division held that the Board of Education was "entitled to retain counsel of its own choosing to advise it and to conduct any ensuing litigation." Gibson, supra, 205 N.J. Super. at 56, 500 A.2d 27.