(1) If the Prosecuting Attorney determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the County shall pay any judgment rendered against the official or employee and costs or expenses, including reasonable attorneys’ fees, incurred in defending against the claim. The County shall pay any costs or expenses, including attorneys’ fees, incurred in obtaining the determination that such claim is covered by the provisions of this chapter.

(2) If the Prosecuting Attorney determines that a claim against a County official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the County shall be reimbursed for costs or expenses, including reasonable attorneys’ fees, incurred in obtaining the determination that such claim is not covered by the provisions of this chapter.