G. How are online discussion board posts treated?

The Public Records Act defines the term “public records” to mean “books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics. …” AS 40.25.220(3).  There are no reported cases at this time dealing with online discussion board posts, but there is no reason to believe they would be treated differently than e-mails, see section [State Law on Electronic Records] III.D above.  Whether they are public records should depend primarily on whether they relate to public business and more specifically, whether they are records “developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency.” AS 40.25.220(3).